REVISED  ORDINANCES 


— OF  THE — 


TOWN  OF  LAKE  VIEW, 


CHAPTER   I. 
AN   ORDINANCE 

IN  REGARD  TO  THE    PASSAGE,  APPROVAL   AND    PUBLICATION    OF 
THE  GENERAL  ORDINANCES  OF  THE  TOWN  OF  LAKE  VIEW. 

WHEREAS,  It  is  expedient  that  the  General  Ordinances  of 
the  Town  of  Lake  View  should  be  revised,  compiled  and  ar- 
ranged in  chapters  and  sections ;  therefore, 

Be  it  ordained  by  the  Board  of  Trustees  of  the  Town  of 
Lake  View,  in  manner  following : 

SECTION  1.  That  the  ordinances  and  laws  governing  the 
Town  of  Lake  View,  as  revised  and  arranged  in  thirty-two 
chapters,  and  passed  by  the  Board  of  Trustees  of  said  town, 
and  approved  by  the  President  of  said  Board  on  the  17th  day 
of  March,  A.  D.  1879,  and  all  ordinances  now  in  force  hereto- 
fore passed  by  the  Board  of  Trustees  relating  to  cemeteries  and 
saloons,  and  also  the  ordinances  heretofore  published,  in  pam- 
phlet form,  entitled  "  Laws  and  Ordinances  of  the  Town  of 
Lake  View,  Cook  County,  Illinois,"  be,  and  the  same  are  here- 
by ordered  printed  and  published,  by  authority  of  the  Board 


APPROVAL  OF  GENERAL  ORDINANCES. 


of  Trustees  of  said  town,  in  book  and  pamphlet  form,  to  be  en- 
titled "LAWS  AND  ORDINANCES  GOVERNING  THE  TOWN  OF 
LAKE  VIEW." 

Passed  and  approved  March  17th,  1879. 

JOHN  N.  HILLS,  President. 

STATE  OF  ILLINOIS,     1 

COUNTY  OP  COOK,        >•  SS. 

TOWN  OF  LAKE  VIEW.  J  I,  JAMES  J.  WILSON,  Town  Clerk  of  the 

Town  of  Lake  View,  do  hereby  certify  that  the  above  and  foregoing 
is  a  true  copy  of  an  ordinance  entitled  "  An  Ordinance  in  regard  to 
the  passage,  approval  and  publication  of  the  General  Ordinances  of 
the  Town  of  Lake  View,"  passed  by  the  Board  of  Trustees  of  said 
town  on  the  17th  day  of  March,  A.  D.  1879,  and  approved  by  its  Pres- 
ident on  said  date. 

I  further  certify  that  I  am  the  keeper  of  the  original  ordinance 
of  which  the  foregoing  is  a  certified  copy,  and  that  the  same  is  on 
file  at  my  office. 

WITNESS  my  hand  and  the  corporate 
seal  of  said  town,  this  18th  day 
of  March,  A.  D.  1879. 

JAMES  J.  WILSON, 
Town  Clerk  of  the  Town  of  Lake  View. 


.,*******. 


ORDINANCES. 


CHAPTER   II. 
ORDINANCES. 


1.  Style  of  Ordinances. 

2.  Passage  of,  veto,  etc. 

3.  Reconsideration. 

4.  Engrossing,  etc. 

5.  Definitions. 


6.  Penalty. 

7.  Publication. 

8.  Proof  of. 

9.  Repealing. 

10.  Rights  not  effected. 


SECTION  1.  The  style  of  ordinances  passed  shall  be  as  fol- 
lows :  "Be  it  ordained  by  the  Board  of  Trustees  of  the  Town 
of  Lake  View." 

SEC.  2.  All  ordinances  passed  upon  by  the  Board  of  Trus- 
tees shall,  before  they  take  effect,  be  deposited  in  the  office  of 
the  Town  Clerk,  said  clerk  shall  record  such  ordinances,  with 
proper  indexes,  in  a  book  known  and  designated  as  the  '"Book 
of  Town  Ordinances,"  and  kept  for  that  purpose.  The  origi- 
nal ordinance  shall  be  filed  in  the  office  of  the  Town  Clerk, 
and  due  proof  of  publication  of  all  ordinances  requiring  pub- 
lication shall  be  procured  by  the  clerk,  and  such  proof  or 
affidavit  of  publication  shall  be  attached  to  and  filed  with  said 
ordinances ;  and  the  Clerk  shall  also  note  on  his  book  of  ordi- 
nances, at  the  foot  of  the  record  of  each  ordinance,  a  memo- 
randum of  the  date  of  the  passage,  and  if  published  or  posted, 
of  the  date  of  publication  or  posting  of  such  ordinance,  and 
if  the  President  of  the  Board  of  Trustees  approves  thereof,  he 
shall  sign  the  same,  and  such  as  he  shall  not  approve  he  shall 
return  to  the  Board  of  Trustees  with  his  objection  thereto  in 
writing,  at  the  next  regular  meeting  of  the  Board  of  Trustees, 
occurring  not  less  than  five  days  after  the  passage  thereof. 
Such  veto  may  extend  to  any  one  or  more  items  or  appropria- 
tions contained  in  any  ordinance  making  an  appropriation  or 
to  the  entire  ordinance,  and  in  case  the  veto  only  extends  to 
a  part  of  such  ordinance,  the  residue  thereof  shall  take  effect 


8  ORDINANCES. 

and  be  in  force.  But  in  case  said  President  shall  fail  to 
return  any  ordinance  with  his  objections  thereto,  by  the  time 
aforesaid,  he  shall  be  deemed  to  have  approved  such  ordi- 
nance, and  the  same  shall  take  effect  accordingly. 

SEC.  3.  After  the  return  of  any  ordinance  by  said  Presi- 
dent, the  vote  by  which  the  same  was  passed  may  be  recon- 
sidered by  the  Board  of  Trustees  at  any  regular  meeting 
within  thirty  days  thereafter,  and  if,  after  such  reconsidera- 
tion, four-fifths  of  all  the  Trustees  elected  shall  agree,  by  yeas 
and  nays,  to  pass  the  same,  it  shall  go  into  effect,  notwith- 
standing said  President  may  refuse  to  approve  thereof;  other- 
wise the  veto  shall  be  final.  The  vote  to  pass  the  same  over 
the  President's  veto  shall  be  taken  by  yeas  and  nays  and 
entered  on  the  records  of  the  town. 

SEC.  I.  The  approval  or  veto  by  the  President  of  any 
ordinance  shall  be  in  writing. 

Whenever  an  ordinance  has  been  approved  by  the  Presi- 
dent, or  passed  over  his  veto,  it  shall  be  the  duty  of  the  Clerk 
to  note  such  final  action  with  the  date  thereof  upon  the  rec- 
ords, immediately  after  the  ordinance. 

Whenever  any  ordinance  has  been  vetoed  by  the  President 
and  not  adopted  by  the  Board  of  Trustees  on  reconsideration, 
it  shall  be  the  duty  of  the  Clerk,  after  the  thirty  days  named 
in  the  preceding  section  shall  have  elapsed,  to  write  across  the 
ordinance  on  the  records  the  words,  "  Vetoed  and  not  adopted 
on  reconsideration." 

Whenever  any  ordinance  shall  have  been  repealed  or 
amended  by  the  Board,  the  Clerk  shall  note  such  repeal  or 
amendment  in  like  manner,  giving  the  date  when  such  subse- 
quent action  was  taken. 

SEC.  5.  The  words  and  phrases  following,  whenever  used 
in  any  ordinance,  shall  be  construed  to  include  in  their  mean- 
ing the  definitions  set  opposite  the  same,  whenever  it  shall  be 
necessary  to  the  proper  construction  of  said  ordinances : 


ORDINANCES.  9 

1.  Action;  suit,  prosecution,  judicial  proceedings. 

2.  Board;  Board  of  Trustees;  the  President  and  Board 

of  Trustees. 

3.  Court;  Justice  of  the  Peace,  Police  Magistrate,  Jus- 

tice, Magistrate,  and  Court  of  Record. 

4.  He  ;  male,  female,  company,  corporation,  firm,  society, 

singular  or  plural  number. 

5.  Limits;  corporation,  corporate  limits  of  the  Town  of 

Lake  View ;    the  legal  boundary  of  the  Town  of 
Lake  View. 

6.  Number;  the  singular  number  shall  include  plural, 

and  the  plural  number  shall  include  the  singular. 

7.  Name  of  Officer ;  the  same  as  though  the  words  "of 

the  Town  of  Lake  View"  were  added. 

8.  Person;  persons,  male,  female,  company,  firm,  society, 

singular  or  plural  .number. 

9.  Premises;  place,  places. 

10.  President;  President  of  the  Board  of  Trustees. 

11.  Seal;  Seal  of  the  Town  of  Lake  View,  corporate  seal, 

seal  of  the  corporation. 

12.  Street;  alley,  highway,  lane,  avenue,  court,  thorough- 

fare, way,  parkway,  boulevard. 

13.  Tax;  taxes,    special   assessment,    special   tax,    costs, 

interest  or  penalty  imposed  upon  property. 

14.  Tense;  words  in  the  present  tense  shall  include  the 

future. 

15.  Town;  Town  of  Lake  View. 

SEC.  6.  Any  person  who  shall  violate  any  section  or  any 
clause  or  provision  of  any  section  of  any  ordinance  where  the 
penalty  is  not  otherwise  provided  for,  or  shall  fail  to  perform 
or  omit  to  do  any  act  or  thing  required  by  any  such  ordi- 
nance, shall  on  conviction  be  fined  not  to  exceed  one  hundred 
dollars,  and  may  be  imprisoned  in  default  of  payment  until 
the  fine  and  costs  are  paid :  Provided,  No  such  imprisonment 
shall  exceed  six  months  for  any  offense. 


10  ORDINANCES. 

SEC.  7.  All  ordinances  imposing  any  fine,  penalty,  impris- 
onment or  forfeiture,  or  making  any  appropriation,  shall,  with- 
in ten  days  after  they  are  passed,  be  published  under  the 
supervision  of  the  Town  Clerk,  at  least  once  in  a  newspaper 
published  in  the  town,  if  any,  or  be  posted  in  three  public 
places  in  said  town,  and  all  other  ordinances,  orders  and  reso- 
lutions shall  take  effect  from  and  after  their  passage,  unless 
otherwise  provided  therein. 

SEC.  8.  All  ordinances,  and  date  of  posting  or  publication 
thereof,  may  be  proven  by  the  certificate  of  the  Town  Clerk, 
under  the  seal  of  the  town,  and  when  printed  in  book  or  pam- 
phlet form,  and  purporting  to  be  published  by  authority  of  the 
Board  of  Trustees,  the  same  need  not  be  otherwise  published ; 
and  such  book  or  pamphlet  shall  be  received  as  evidence  of  the 
passage  and  legal  publication  of  such  ordinances,  as  of  the 
dates  mentioned  in  such  book  or  pamphlet,  in  all  courts  and 
places,  without  further  proof. 

SEC.  9.  When  any  ordinance  repealing  a  former  ordinance, 
clause  or  provision,  shall  be  itself  repealed,  such  repeal  shall 
not  be  construed  to  renew  such  former  ordinance,  clause  or 
provision  unless  it  shall  be  therein  so  expressly  provided. 

SEC.  10.  No  suit,  proceeding,  right,  fine  or  penalty  insti- 
tuted or  created,  given,  secured  or  accrued  under  any  ordinance 
previous  to  its  repeal,  shall  in  anywise  be  effected,  released  or 
discharged,  but  may  be  prosecuted,  engaged  and  recovered  as 
fully  as  if  such  ordinance  had  continued  in  force,  unless  it  shall 
be  therein  otherwise  expressly  provided. 


BOUNDARIES  AND  ROAD  DISTRICTS.  11 


CHAPTER   III. 
BOUNDARIES  AND  ROAD  DISTRICTS. 

The  corporate  limits  of  the  Town  of  Lake  View,  in  the 
County  of  Cook,  and  State  of  Illinois,  shall  embrace  and  in- 
clude within  the  same  the  following  territory,  to  wit : 

All  of  Sections  6,  7,  18  arid  19,  and  that  part  of  Section 
30  lying  east  of  Western  Avenue  and  the  north  branch  of  the 
Chicago  River.  All  of  Sections  17,  20  and  29;  also  all  of 
Fractional  Sections  5,  8,  16,  21  and  28  lying  west  of  Lake 
Michigan.  Being  all  that  part  of  Township  Forty  (40)  north 
of  Range  Fourteen  (14),  east  of  the  3d  P.  M.,  bounded  on  the 
north  by  the  north  line  of  Sections  Five  (5)  and  Six  (6),  on 
the  south  by  Fullerton  Avenue,  on  the  east  by  Lake  Michi- 
gan, and  on  the  west  by  the  north  and  south  center  line  of 
Western  Avenue  and  the  north  branch  of  the  Chicago  River. 

The  said  Town  of  Lake  View  is  divided  into  the  following 

Road  Districts: 

i 
District  No.  1.     All  that  territory  lying  south  of  the  center 

line  of  Graceland  Avenue  and  north  of  the  center  line  of  Ful- 
lerton Avenue. 

District  No.  2.  All  that  territory  lying  north  of  the  center 
line  of  Graceland  Avenue  and  south  of  the  center  line  of  North 
Fifty-Ninth  Street. 

District  No.  3.  All  that  territory  lying  north  of  the  center 
line  of  North  Fifty-Ninth  Street  to  the  north  boundary  line 
of  Sections  5  and  6. 


12  JURISDICTION,  TERRITORIAL  EXTENT  OF. 


CHAPTER  IV. 

JURISDICTION,  TERRITORIAL  EXTENT  OF. 

1.  Three  miles  into  Lake  Michigan. 

2.  Five  miles  to  prevent  polution  of  source  of  water  supply. 

3.  One  mile  for  various  purposes. 

SECTION  1.  The  Town  of  Lake  View  shall  have  jurisdic- 
tion upon  the  waters  of  Lake  Michigan  bordering  upon  said 
town  to  the  extent  of  three  miles. 

SEC.  2  The  jurisdiction  of  the  town,  to  prevent  or  punish 
any  polution  or  injury  to  the  stream  or  source  of  water  supply 
to  the  Water  Works,  shall  extend  five  miles  beyond  its  corpo- 
rate limits,  or  so  far  as  such  Water  Works  may  extend. 

SEC.  3.  The  Board  of  Trustees  shall  have  power — 
First. — To  direct  the  location  and  regulate  the  management 
and  construction  of  packing- houses,  renderies,  tallow-chand- 
leries, bone-factories,  soap-factories  and  tanneries  within  the 
limits  of  said  town,  and  within  the  distance  of  one  mile  with- 
out said  town  limits. 

Second. — To  prohibit  any  offensive  or  unwholesome  business 
or  establishment  in5  or  within  one  mile  of,  the  limits  of  the 
town. 

Third. — To  prohibit  or  regulate  bathing  in  the  waters  of 
Lake  Michigon  bordering  upon  said  town  to  the  extent  of  one 
mile. 

Fourth. — To  have  jurisdiction  in  and  over  all  places  within 
one-half  mile  of  the  town  limits,  for  the  purpose  of  enforcing 
health  and  quarantine  ordinances  and  regulations  thereof. 


CLERK.  13 


CHAPTER  V. 

CLERK. 


1.  Office,  records  and  duties. 

2.  Record  and  publication  of. 

3.  Post  election  notices. 

4.  Notice  to  officers  elect. 

5.  Certify  taxes  to  County 

Clerk. 

6.  Certify  special  assessments 

to  Collector. 

7.  Notify  all  committees. 


8.  Bills,  certify  action  of  board 

on. 

9.  Papers  read  by  clerk. 

10.  Full  record  of  licenses. 

11.  Fees  allowed. 

12.  Certify  plats. 

13.  Publish  or  post  ordinances. 

14.  Records  of  Board  of 

Health. 


SECTION  1.  The  Town  Clerk  shall  keep  his  office  at  the 
Town  Hall.  He  shall  keep  the  corporate  seal  of  the  town, 
and  affix  the  same  to  all  papers  which  may  require  it.  He 
shall  keep  all  records,  receive,  mark  and  properly  file  all  papers 
coming  to  his  office  belonging  to  the  town,  grant  certified  copies 
from  the  records  or  papers  of  the  town,  and  execute  such  or- 
ders as  he  may  be  directed  to  do  from  time  to  time  by  the 
Board  of  Trustees.  He  shall  attend  all  meetings  of  the  Board 
of  Trustees,  and  keep  a  full  record  of  its  proceedings  in  the 
journal.  He  shall,  when  required,  make  proper  copies  of  all 
papers  duly  filed  in  his  office,  and  make  transcripts  from  the 
journal  and  other  records  and  files  of  his  office,  and  shall  cer- 
tify to  the  same  under  the  corporate  seal,  and  such  certified 
copies  and  transcripts  shall  be  evidence  in  all  courts  in  like 
manner  as  if  the  originals  were  produced  ;  the  originals  there- 
of shall  be  retained  and  under  no  circumstances  be  removed 
from  said  office. 

SE<J.  2.  All  ordinances  passed  by  the  Board  of  Trustees 
shall  be  recorded  and  properly  indexed  by  the  clerk  in  a  book 
to  be  kept  for  that  purpose,  before  the  next  regular  meeting 
after  their  passage.  If  the  ordinance  requires  publication,  he 
shall  cause  the  same  to  be  duly  published.  The  clerk  shall 
note  at  the  foot  of  the  record  of  each  ordinance,  a  memoran- 


14  CLERK. 

dum  of  the  date  of  its  passage,  amendment  or  repeal,  and  the 
date  of  its  approval  or  veto  (if  approved  or  vetoed)  by  the  Pres- 
ident ;  and,  if  published  or  posted,  the  date  of  the  publication 
or  posting  of  such  ordinance.  Whenever  an  ordinance  has 
been  approved  by  the  President,  or  passed  over  his  veto,  it 
shall  be  the  duty  of  the  Clerk  to  note  such  final  action,  with 
the  date  thereof,  upon  the  records,  immediately  after  the  ordi- 
nance. Whenever  any  ordinance  has  been  vetoed  by  the  Pres- 
ident, and  not  adopted  by  the  Board  of  Trustees  on  reconsider- 
ation, it  shall  be  the  duty  of  the  Clerk,  after  the  expiration  of 
the  thirty  days  allowed  by  ordinance  in  which  a  reconsidera- 
tion may  be  had,  to  write  across  the  ordinance  on  the  records 
the  words  "Vetoed  and  not  adopted  on  reconsideration." 
Which  record  and  memorandum,  or  a  certified  copy  thereof, 
shall  be  prima  facie  evidence  of  the  passage  and  legal  publica- 
tion of  such  ordinance  for  all  purposes  whatsoever.  The  origi- 
nal shall  be  filed  in  the  office  of  said  clerk  with  a  certificate  of 
publication  attached  to  ordinances  requiring  publication. 

SEC.  3.  It  shall  be  the  duty  of  the  Town  Clerk,  not  less 
than  ten  days  before  the  annual  election  for  town  officers,  to 
post  up  in  each  election  precinct  in  the  town,  not  less  than 
three  notices  of  such  election,  which  notices  shall  be  posted  in 
the  most  public  places  in  each  precinct,  and  shall  contain  a  list 
of  the  officers  to  be  elected ;  and  in  all  cases  where  public  no- 
tices are  required  to  be  given,  one  copy  of  such  notice  shall  be 
posted  on  the  bulletin  board  in  front  of  the  Town  Hall. 

SEC.  4.  It  shall  be  the  duty  of  the  Town  Clerk,  within  ten 
days  after  the  result  of  any  town  election  is  declared,  or  ap 
pointment  made,  to  notify  all  persons  elected  or  appointed  to 
any  town  office  of  their  election  or  appointment,  and  unless 
such  persons  shall  respectively  qualify  in  ten  days  after  such 
motice,  the  office  shall  become  vacant,  which  vacancy,  and  the 
reasons  therefor,  shall  be  reported  by  the  Clerk,  in  writing,  to 
the  Board  of  Trustees,  at  its  next  regular  meeting,  after  the 
expiration  of  the  ten  days  wherein  to  qualify.  The  Clerk  shall 
in  like  manner  report  to  the  Board  the  names  of  all  persons 


CLERK.  15 

elected  or  appointed  to  any  town  office  that  may  have  qualified 
within  the  ten  days  prescribed,  with  the  date  of  filing  his  oath 
of  office. 

SEC.  5.  It  shall  be  the  duty  of  the  Town  Clerk,  on  or  be- 
fore the  second  Tuesday  in  August,  in  each  year,  to  file  with 
the  County  Clerk  of  Cook  County,  Illinois,  a  certified  copy  of 
an  ordinance  in  which  the  total  amount  of  appropriations  for 
all  corporate  purposes  of  the  Town  of  Lake  View,  legally  made, 
are  levied  and  assessed. 

SEC.  6.  The  Town  Clerk  shall  file  in  his  office  all  assess- 
ment rolls  and  judgments,  certified  by  a  clerk  of  a  court  of 
record,  against  property  within  the  town,  and  shall  issue  a 
warrant  to  the  Town  Collector  for  the  collection  of  such  assess- 
ment. The  assessment  warrant  shall  contain  a  copy  of  such 
certificate  of  the  judgment,  describing  the  lots,  blocks,  tracts, 
or  parcels  of  land  assessed,  and  the  respective  amounts  assessed 
on  each  lot,  block,  tract  or  parcel  of  land,  and  he  shall  deliver 
the  same  to  the  Town  Collector.  Such  warrant  shall  give  suf- 
ficient authority  to  collect  the  assessments  therein  specified. 
But  the  Town  Clerk,  before  delivering  such  warrant  to  the 
Collector,  shall  satisfy  himself  that  the  proper  and  necessary 
bond,  in  at  least  double  the  amount  of  the  sum  to  be  collected, 
approved  by  the  Supervisor  and  attested  by  himself,  has  been 
duly  recorded  in  the  Recorder's  office  of  Cook  County.  The 
approval  and  recording  of  the  Collector's  bond,  and  the  deliv- 
ering of  the  assessment  and  warrant  to  the  Collector  with  the 
dates  thereof,  shall  be  reported,  in  writing,  by  the  Clerk  to  the 
Board  of  Trustees,  at  its  next  regular  meeting  thereafter. 

SEC.  7.  It  shall  be  the  duty  of  the  Town  Clerk,  without 
unnecessary  delay,  to  notify  all  committees  appointed  by  the 
Board,  and  to  deliver  into  their  hands  all  papers,  or  copies 
thereof,  referred  to  them,  and  all  other  notifications  not  other- 
wise provided  for.  He  shall  furnish  a  copy  of  the  proceedings 
of  the  meetings  of  the  Board  of  Trustees,  not  later  than  the 
day  following  such  meeting,  to  one  or  more  newspapers,  for 


16  CLERK. 

publication,  as  the  Board  may  from  time  to  time  direct ;  and, 
when  so  directed  by  the  Board  of  Trustees,  shall  order  the  build- 
ing of  sidewalks,  giving  not  less  than  fifteen  days  notice,  for  a 
compliance  with  such  order,  to  the  parties  in  front  of  whose 
property  the  sidewalk  is  to  be  built. 

SEC.  8.  When  bills  are  allowed,  or  payments  made  by  the 
Treasurer  are  approved  by  the  Board  of  Trustees,  the  Town 
Clerk  shall  certify  on  the  face  of  such  bill  or  receipt,  over  his 
signature  as  Town  Clerk,  such  action  of  the  Board  thereon, 
and  the  date  thereof,  and  such  action  of  the  Board  and  certifi- 
cation by  the  Clerk  shall  be  sufficient  authority  for  the  Treas- 
urer to  pay  the  same,  in  cases  of  bills  due,  or  in  ratification  of 
his  disbursements  in  cases  of  payments  he  may  have  made. 

SEC.  9.  All  petitions,  remonstrances,  bids,  bills  or  other 
communications,  addressed  to  the  Board  of  Trustees,  shall  be 
received  by  the  Clerk  and  read  by  him,  at  the  meeting  of  the 
Board  in  which  they  were  presented,  unless  otherwise  ordered 
by  the  Board. 

SEC.  10.  The  Town  Clerk  shall  keep  a  full  record  of  all 
licenses  granted,  transferred  or  revoked  by  the  Board  of  Trus- 
tees, or  under  its  authority,  with  the  date  that  the  same  was 
granted,  transferred  or\  revoked,  (and,  if  revoked,  the  cause 
therefor),  with  the  number  thereof,  and  full  name  and  residence 
of  the  applicant  for  such  license,  in  a  book  to  be  kept  by  him 
for  that  purpose,  and,  where  bonds  are  required,  the  names  of 
such  bondsmen  or  sureties.  All  licenses  issued  by  the  Board, 
or  under  its  authority,  shall  be  attested  by  the  Clerk,  under 
the  corporate  seal  of  the  town. 

SEC.  11.  The  Town  Clerk  is  authorized  to  demand  and 
receive  as  fees  the  following,  to  wit : 

For  each  license,  or  transfer  thereof,  one  dollar. 

For  each  copy  from  any  record  or  paper  in  his  office,  for 
each  one  hundred  words,  fifteen  cents. 

For  each  certificate,  and  the  seal  thereto  affixed,  fifty  cents. 


CLERK.  17 

For  certifying  any  map  or  plat  of  ground  in  the  town,  fifty 
cents. 

For  each  search  for  any  paper  or  record  in  his  office,  twenty- 
five  cents,  and  for  every  hour  he  shall  be  so  occupied,  after  the 
first  hour,  fifty  cents. 

But  no  fees  shall  be  charged  for  such  services  rendered  at 
the  request  of  any  officer  of  the  town,  where  the  paper  or  in- 
formation is  required  for  the  use  of  the  town  or  public  by  such 
officer  or  attorney  employed  by  the  town. 

SEC.  12.  It  shall  be  the  duty  of  the  Town  Clerk  to  duly 
certify,  under  the  corporate  seal  of  the  town,  all  plats,  maps 
or  sub-divisions  approved  by  the  Board,  and  to  properly  file 
all  copies  thereof  in  his  office,  as  required  by  chapter  entitled 
"Plats." 

SEC.  13.  It  shall  be  the  duty  of  the  Town  Clerk,  within 
ten  days  after  the  passage  or  adoption  of  any  ordinance  impos- 
ing any  fine,  penalty,  imprisonment  or  forfeiture,  or  making 
any  appropriation,  to  cause  the  same  to  be  published,  at  least 
once  in  a  newspaper  published  in  the  town,  if  any,  or  to  be 
posted  in  three  public  places  in  the  town,  one  of  which  places 
shall  be  the  Town  Hall. 

SEC.  14.  The  Town  Clerk  shall  keep  a  full  record  of  the 
doings  and  proceedings  of  the  Board  of  Health,  and  shall  make 
a  report  of  the  same,  in  writing,  to  the  Board  of  Trustees,  at 
the  annual  meeting  thereof. 


18  CONTRACTS. 


CHAPTER  VI. 

CONTRACTS. 


1.  Officers  not  to  be  interested 


in. 


2.  Contract  paid  from  assess- 

ment. 

3.  How  made. 


4.  Protection  in  streets. 

5.  Contractors  liable  for  dam- 

ages. 

6.  Contractors  give  bonds 
7  Penalty. 


SECTION  1.  No  officer  shall  be  directly  or  indirectly  inter- 
ested in  any  contract  of  the  town,  the  expense,  price  or  consid- 
eration of  which  is  paid  from  the  town  treasury,  or  by  any 
assessment  levied  by  any  act  or  ordinance ;  nor  in  the  pur- 
chase or  sale  of  any  real  estate  in  behalf  of  said  town. 

SEC.  2.  All  persons  taking  any  contracts  with  the  town, 
and  who  agree  to  be  paid  from  special  assessments,  shall  have 
no  claim  or  lien  upon  the  town  in  any  event,  except  from  the 
collections  of  the  special  assessments  made  for  the  work  con- 
tracted for. 

SEC.  3.  All  contracts  for  the  making  of  any.  public  im- 
provements, to  be  paid  for  in  whole  or  in  part  by  a  special  as- 
sessment, and  any  work  or  other  public  improvement,  when 
the  expense  thereof  shall  exceed  $500,  shall  be  let  to  the  low- 
est responsible  bidder,  after  ten  days'  notice  in  some  newspaper, 
including  the  paper  in  which  legal  notices  are  published,  if  any, 
as  the  Board  may  by  resolution  direct.  Such  notice  shall  give 
only  a  general  description  of  the  work.  Such  contracts  shall 
be  approved  by  the  President  of  the  Board  of  Trustees.  Pro- 
vided, however,  any  such  contract  may  be  entered  into  by  the 
proper  officer,  without  advertising  for  bids,  and  without  such 
approval,  by  a  vote  of  two-thirds  of  all  the  trustees  elected. 

SEC.  4.  In  all  contracts  for  paving  or  grading  streets,  for 
constructing  sewers,  for  laying  water  pipes,  and  for  building 
and  repairing  bridges  and  culverts,  or  for  doing  any  work 


CONTRACTS.  19 

whatever,  whereby  accidents  or  injuries  may  occur  in  conse- 
quence of  any  neglect  or  carelessness  on  the  part  of  the  con- 
tractor, a  covenant  or  condition,  requiring  the  contractor  to 
place  and  maintain  a  good  and  sufficient  fence,  railing  or  bar- 
rier around  the  same  in  such  a  manner  as  to  prevent  accidents, 
and  to  keep  upon  such  fence,  railing  or  barrier,  suitable  and 
sufficient  colored  lights  during  the  entire  night.  Also,  that  said 
contractor  shall  keep  and  save  the  town  harmless  and  indemni- 
fied against  all  loss  and  damage  which  may  be  occasioned  by 
reason  of  any  negligence  or  carelessness  in  the  manner  of  doing 
such  work. 

SEC.  5.  In  all  cases  in  which  any  person  shall  perform  any 
work,  either  under  contract  with  the  town,  or  by  virtue  of  any 
permission  from  the  Board  of  Trustees,  such  person  shall  be 
liable  to  the  Town  of  Lake  View  for  any  and  every  loss  or 
damage  which  said  corporation  may  sustain,  and  for  all  sums 
which  it  may  have  to  pay  to  any  person  by  reason  of  any  loss 
or  injury  sustained  in  consequence  of  any  carelessness  or  neg- 
ligence in  doing  the  work,  or  by  reason  of  any  neglect  or  fail- 
ure to  comply  with  any  provisions  x)f  any  ordinance  of  said 
town. 

SEC.  6.  Every  contractor  with  the  Town  of  Lake  View,  for 
work  or  materials  exceeding  $500,  shall,  before  his  contract 
shall  be  binding  upon  the  town,  execute  a  bond,  with  two  or 
more  sureties,  in  such  penal  sum  as  may  be  satisfactory  to  the 
Finance  Committee,  conditioned  for  the  faithful  performance  of 
the  same,  and  an  observance  of  all  ordinances  of  the  town. 

SEC.  7.  Every  person  violating  any  clause,  section  or  pro- 
vision of  this  chapter  shall,  on  conviction,  pay  a  fine  of  not 
more  than  two  hundred  dollars,  in  addition  to  all  other  liabil- 
ities. 


20 


SEAL. 


CHAPTER  VII. 


SEAL. 


1.  Representation  of  seal. 


2.  In  custody  of  clerk  ;  u*es  of. 


SECTION  1.  The  seal  heretofore  provided  and  used  by  and 
for  the  Town  of  Lake  View,  the  impression  on  which  is  an  in- 
scription around  the  outer  edge  of  said  seal,  "  Corporate  Seal, . 

Town  of  Lake  View,  Cook  Co., 
111.,"  and  a  circular  tablet  in  the 
center,  representing  a  lone  forest 
tree,  which  seal,  represented  as 
aforesaid,  is  hereunto  annexed, 
,_,  *  shall  be,  and  is  hereby,  established 
and  declared  to  have  been,  and  now 
to  be,  the  seal  of  common  and  cor- 
porate seal  of  the  Town  of  Lake 
View. 


. 
****.«**** 


SEC.  2.  The  said  town  seal  shall  be  and  remain  in  the  cus- 
tody of  the  Clerk  of  said  town,  to  be  used  by  the  said  Clerk  and 
the  Supervisor  of  said  town  in  all  cases  that  have  been  or  shall 
hereafter  be  provided  by  the  laws  of  the  United  States,  the  laws 
of  the  respective  States  of  the  United  States,  and  the  ordinan- 
ces of  the  town,  and  in  all  cases  in  which,  by  the  laws  and  cus- 
toms of  nations,  it  is  necessary  to  use  a  seal  by  a  corporation. 


STREETS  AND  BRIDGES. 


21 


CHAPTER   VIII. 
STREETS  AND  BRIDGES. 


12.  Not  erect  in  streets. 

13.  Failure  to  remove;  penalty. 

14.  Dug  up,  how  replaced. 

15.  Permission  first  to  be  ob- 

tained. 

16.  Place  barriers  and  lights. 

17.  Porch,  steps,  etc.,  on  side- 

walk. 

18.  Clean    snow  and    mud   off 

walk. 

19.  Vehicles  keep  to  the  right. 

20.  Penalty. 


1.  Speed  over  bridges. 

2.  Obscene  words  and  pictures. 

3.  Animals    unfastened    and 

where  not  fastened. 

4.  Obstruction  by  sign  boards. 

5.  Awnings,  how  erected. 

6.  Immoderate  riding  or  driv- 

ing. 

7.  Not  drive  on  sidewalk. 

8.  Obstructing    streets    and 

walks. 

9.  How  removed. 

10  and  11.  Moving  buildings. 

SECTION  1.  No  person  shall  ride  or  drive  over  any  bridge 
faster  than  a  walk. 

SEC.  2.  No  person  shall  write  any  obscene  or  indecent 
words,  nor  make  any  obscene  or  indecent  pictures,  nor  post  or 
paste  any  advertisements,  without  written  permission  of  the 
owner,  upon  any  bridge,  fence,  sidewalk,  building,  depot,  station 
house,  school-house,  church  building,  or  public  building  or  place. 

SEC.  3.  No  person  shall  leave  any  animal  unfastened,  or  shall 
fasten  any  animal  to  or  injure  any  fire  hydrant,  lamp-post,  tel- 
egraph pole,  fence,  railing,  ornamental  or  shade  tree  or  shrub, 
or  any  other  thing  liable  to  be  injured  thereby,  in  or  upon  any 
park  or  highway. 

SEC.  4.  No  person  shall  erect  or  cause  to  be  erected  any  sign, 
sign-board  or  other  obstruction  to  the  sight,  wholly  or  in  part, 
over  any  sidewalk,  avenue,  street,  lane  or  alley  within  the  lim- 
its of  the  Town  of  Lake  View. 

SEC.  5.  All  awnings  in  such  portions  of  the  streets  of  the  town 
as  are,  or  hereafter  may  be,  lighted  by  public  lamps,  shall  be 
covered  with  cloth,  leather  or  other  light  and  pliable  substance, 


22  STREETS  AND  BRIDGES. 

and  securely  attached  to  the  building  and  properly  supported, 
without  post,  by  iron  or  other  metallic  fastenings  and  supports, 
and  shall  be  elevated  at  least  eight  feet  at  the  lowest  part  thereof 
above  the  top  of  the  sidewalk,  and  shall  not  project  over  the 
sidewalk  to  exceed  three-fourths  of  the  width  thereof  so  as  to 
leave  the  sidewalk  wholly  unobstructed  thereby  ;  and  no  such 
awning  shall  be  erected  or  repaired,  either  wholly  or  in  part,  of 
wood.  All  other  awnings  shall  be  elevated,  in  the  lowest  part 
thereof,  at  least  eight  feet  above  the  top  of  the  sidewalk,  and 
may  be  supported  by  a  rail  placed  on  posts  erected  on  the  outer 
edge  of  the  sidewalk.  Any  person  who  shall  erect  any  awning 
contrary  to  the  provisions  hereof,  or  refuse  or  neglect  forthwith 
to  remove  any  awning  or  awning-posts  heretofore  or  hereafter 
erected  contrary  to  the  provisions  hereof,  shall,  on  conviction, 
be  fined  five  dollars  for  every  offense,  and  to  a  further  fine  of  five 
dollars  for  every  day  he  shall  fail  to  comply  with  a  notice,  after 
a  lapse  of  three  days  from  the  service  thereof,  from  the  Super- 
visor or  Captain  of  Police  to  remove  the  same. 

SEC.  6.  No  person  shall  immoderately  ride  or  drive  any 
horse  or  other  animal  in  any  highway,  avenue,  street  or  alley. 

SEC.  7.  No  person  shall  drive  any  horse,  wagon,  cart  or 
other  vehicle  over  any  sidewalk,  or  use,  ride  or  drive  any  horse, 
wagon  or  other  vehicle  thereon,  unless  it  be  in  crossing  the  same 
to  go  into  a  yard  or  lot,  where  no  other  suitable  crossing  or 
means  of  access  is  provided. 

SEC.  8.  No  person  shall  encumber  or  obstruct,  or  cause  to 
be  encumbered  or  obstructed,  any  highway,  street,  sidewalk, 
cross-walk,  alley,  bridge,  public  landing,  wharf,  or  other  public 
place  in  said  town,  by  placing  therein  or  thereon  any  building 
materials  or  any  article  or  thing  whatsoever,  without  having  ob- 
tained written  permission  from  the  Supervisor. 

SEC.  9.  The  Supervisor  or  any  member  of  the  Board  of 
Trustees,  or  the  Captain  of  Police,  is  hereby  authorized  to  order 
any  article  or  thing  whatsoever  which  may  encumber  or  ob- 
struct any  highway,  street,  sidewalk,  crosswalk,  alley,  public 


STREETS  AND  BRIDGES.  23 

landing  or  pier  within  said  town  to  be  removed ;  and  if  such 
article  or  thing  shall  not  be  removed  within  six  hours  after  no- 
tice to  the  owner,  or  the  person  in  charge  thereof,  to  remove 
the  same ;  or  if  the  owner  cannot  readily  be  found  for  the  pur- 
pose of  said  notice,  to  cause  the  same  to  be  removed  to  some 
suitable  place ;  such  action  shall  create  a  lien  upon  the  property 
so  removed  to  pay  the  expense  of  such  removal. 

SEC.  10.  No  person  shall  remove  or  cause  to  be  removed, 
or  aid  or  assist  in  removing  any  building  into,  along  or  across 
any  street,  alley  or  public  ground  in  the  town  without  first  ob- 
taining written  permission  from  the  Supervisor  or  Board  of 
Trustees. 

SEC.  11.  No  owner  of  any  building  or  the  contractor  for  its 
removal,  or  either  or  both,  shall  suffer  any  building,  for  the  re- 
moval of  which  written  permission  has  been  had  in  accordance 
with  the  foregoing  section,  to  remain  in  or  upon  my  street,  al- 
ley, or  public  ground  of  the  town  for  any  time  longer  than  may 
be  prescribed  and  specified  in  such  written  permission. 

SEC.  12.  No  person  shall  erect  or  place  any  building,  in 
whole  or  in  part,  upon  any  street,  alley,  sidewalk,  park  or  other 
public  ground. 

SEC.  13.  Whenever  the  owner  of  any  building,  fence  or 
other  obstruction  upon  any  street,  alley,  sidewalk  or  public 
ground  in  this  town  shall  refuse  or  neglect  to  remove  the  same 
within  five  days  after  notice  so  to  do,  from  the  Supervisor  or 
any  member  of  the  Board  of  Trustees  or  Captain  of  Police  of 
the  Town,  he  shall,  on  conviction,  be  fined  not  exceeding  fifty 
dollars  for  each  offense,  and  a  further  fine  of  five  dollars  for  ev- 
ery day  he  shall  fail  to  comply  with  the  notice  to  remove  the 
same  after  a  lapse  of  five  days  from  the  service  thereof,  and  in 
all  cases  of  refusal  or  neglect  to  remove  the  same  within  five 
days  after  notice  as  hereinbefore  provided,  or  if  the  owner  can- 
not be  readily  found  for  the  purpose  of  such  notice,  such  build- 
ing, fence  or  other  obstruction  shall  be  deemed  a  nuisance ; 
and  it  shall  be  lawful  for  the  Supervisor  or  any  member  of  the 


24  STREETS  AND  BRIDGES. 

Board  of  Trustees  or  the  Captain  of  Police,  to  cause  the  same 
to  be  removed  or  taken  down  in  such  manner  as  they  or  either 
of  them  shall  deem  best,  and  the  expense  thereof  shall  be  re- 
coverable against  the  owner  thereof;  and  every  person  who 
shall  oppose  or  resist  the  execution  of  the  orders  of  said  Super- 
visor or  member  of  the  Board  of  Trustees  or  Captain  of  Police 
in  the  premises,  shall,  on  conviction,  forfeit  and  pay  a  penalty 
not  exceeding  one  hundred  dollars,  nor  less  than  ten  dollars. 

SEC.  14.  When  any  part  of  any  street,  alley,  sidewalk,  or 
other  public  place  in  the  town  shall  be  torn  or  dug  up  or  taken  up 
for  any  purpose,  the  person  so  tearing,  digging  or  taking  up  any 
earth,  paving,  planking,  graveling  or  macadamizing  shall  im- 
mediately on  the  completion  of  such  purpose,  and  as  fast  as  prac- 
ticable during  the  accomplishment  thereof,  return  the  earth,  ram 
and  puddle  the  same,  as  fast  as  returned,  to  a  firm  and  solid 
bearing,  and  in  a  manner  that  will  entirely  prevent  any  settling 
of  such  earth,  and  shall  also  re-lay  all  paving,  planking,  grav- 
eling and  macadamizing  in  a  skillful  and  permanent  manner, 
and  in  every  case,  to  the  satisfaction  of  the  Supervisor  or  Board 
of  Trustees. 

SEC.  15.  No  person  shall  injure  or  tear  up  any  pavement, 
sidewalk,  crosswalk,  or  any  part  thereof,  dig  any  hole,  ditch  or 
drain  in,  or  dig  or  remove  any  sod,  stone,  earth,  sand  or  gravel 
from  any  street,  alley  or  public  ground  in  the  Town  of  Lake 
View,  or  cause  or  procure  the  same  to  be  done,  without  first 
having  obtained  from  the  Supervisor  written  permission  so  to 
do,  or  hinder  or  obstruct  the  making  or  repairing  any  public 
improvement,  or  work,  ordered  by  the  Board  of  Trustees,  or 
being  done  under  the  authority  of  a  Commissioner  of  Highways. 

SEC.  16.  Whenever  any  person  shall  do  any  work  which 
shall  require  the  digging  up,  use  or  occupancy  of  any  street, 
alley,  highway  or  public  ground,  such  person  shall,  during  the 
night  time,  put  up  and  maintain  such  barriers  and  lights  as 
shall  effectually  prevent  the  happening  of  an  accident  in  conse- 
quence of  such  digging  up,  use  or  occupancy  of  said  street,  al- 
ley, highway  or  public  grounds. 


STREETS  AND  BRIDGES.  25 

SEC.  17.  No  porch,  gallery,  stoop,  steps,  cellar-door,  stair, 
rail  or  platform  erected,  or  to  be  erected  within  the  town,  shall 
be  allowed  to  extend  upon  or  into  any  sidewalk,  and  no  bow- 
window  shall  extend  into  or  over  any  sidewalk  more  than  two 
feet,  and  shall  be  at  least  eight  feet  above  grade  line ;  nor  shall 
any  cellar-door,  at  its  outer  edge,  rise  or  project  above  the  sur- 
face of  the  sidewalk.  Provided,  that  owners  or  lessee  of  build- 
ings or  lands  used  for  the  purpose  of  any  legitimate  business, 
shall  be  allowed  to  use  a  portion  of  the  sidewalk,  not  to  exceed 
four  (4)  feet  in  width,  immediately  abutting  on  the  frontage  of 
his  or  her  store  or  other  place  of  business,  for  the  purpose  of 
exhibiting  his  or  her  articles  of  trade  or  business. 

SEC.  18.  The  occupant  or  owner,  or  if  there  be  no  occupant, 
of  each  and  every  tenement,  building  or  lot  in  the  Town  of 
Lake  View,  fronting  upon  any  street,  the  sidewalk  of  which 
shall  be  of  plank,  stone,  brick  or  concrete,  shall  clear  the  side- 
walk in  front  of  such  tenement,  building  or  lot,  of  snow,  ice, 
mud  or  filth,  by  ten  o'clock  of  the  forenoon  of  each  day,  and 
keep  the  same  clear  of  such  snow  and  ice,  mud  or  filth,  under 
a  penalty  of  two  dollars  for  a  failure  so  to  do,  and  the  like  pen- 
alty of  two  dollars  for  every  twelve  hours  such  sidewalk  shall 
remain  incumbered  as  aforesaid,  after  notice  thereof  to  such  OC' 
cupant  or  owner  from  or  by  any  officer  of  said  town. 

SEC.  19.  Whenever  any  persons  traveling  with  any  carriage 
or  other  vehicle  shall  meet  on  any  street  or  highway,  the  per- 
sons so  meeting  shall  seasonably  turn  their  carriage  or  other 
vehicle  to  the  right  of  the  center  of  the  road,  so  as  to  permit 
each  carriage  or  vehicle  to  pass  without  interfering  or  inter- 
rupting. Provided,  this  section  shall  not  be  construed  to  ap- 
ply to  any  case  unless  some  injury  to  persons  or  property  shall 
occur  by  the  driver  of  the  carriage  or  wagon  neglecting  to  turn 
to  the  right  of  the  beaten  track,  nor  shall  it  be  construed  to  ex- 
tend to  a  case  where  it  is  impracticable  from  the  nature  of  the 
ground  for  the  driver  of  the  carriage,  wagon  or  other  vehicle  to 
turn  to  the  right  of  the  beaten  track. 


26  STREETS  AND  BRIDGES. 

SEC.  20.  Any  violation  of  this  chapter,  or  any  section  or 
provision  or  clause  thereof,  shall,  on  conviction,  be  punished 
by  a  fine  of  not  exceeding  two  hundred  dollars,  except  where  a 
section  prescribes  the  penalty  for  its  violation. 


CHAPTER   IX. 
'SEWERS  AND  DRAINS. 


1    Uncovering  and  excavating 
around. 

2.  Connections  or  openings. 

3.  House  drains. 

4.  Permission  to  construct. 


6.  Malicious  injury  of. 

7.  Injuring  and  tapping  ditches 

and  drains. 

8.  Box  drains,  permission  for. 

9.  Penalty. 


5.  Obstructing. 

SECTION  1.  No  person  shall  uncover,  excavate  under  or 
around  any  brick  or  pipe  sewer  laid  in  the  Town  of  Lake  View, 
for  any  purpose  whatever,  without  the  written  consent  of  the 
Commissioner  of  Highways  in  their  respective  districts. 

SEC.  2.  No  person  shall  make  any  connection  with,  or  op- 
ening into,  any  brick  or  pipe  or  other  closed  sewer  laid  in  this 
town,  without  first  having  obtained  a  written  permit,  in  each 
case,  from  the  Commissioner  of  Highways  in  their  respective 
district. 

SEC.  3.  No  person  shall  lay,  alter  or  disturb  any  part  of  a 
house-drain  or  drains,  catch  basin  or  strainer  of  said  drain  or 
cess  pool,  connected  with  any  brick  or  pipe  sewfer  belonging  to 
said  town,  without  first  having  obtained  a  written  permit,  in 
each  case,  so  to  do,  from  the  said  Commissioner  of  Highways. 

SEC.  4.  No  person  shall  construct  any  drain  or  sewer,  con- 
necting or  emptying  into  any  brick  or  pipe  sewer  belonging  to 
said  town,  without  the  written  permission  of  the  Commissioner 
of  Highways  of  the  district  first  had  and  obtained,  and  then 
only  in  conformity  with  the  orders  and  directions,  and  under 


SEWERS  AND  DRAINS.  27 

the  supervision  and  subject  to  the  approval  of  the  Board  of 
Trustees. 

SEC.  5.  No  person  shall  deposit,  or  cause  to  be  deposited, 
any  substance  in  any  brick  or  pipe  sewer  or  drain  in  said  town 
which  shall  obstruct  or  clog  said  sewer  or  drain. 

SEC.  6.  No  person  shall  willfully  or  maliciously  damage, 
injure  or  obstruct  any  sewer,  house  drain,  cess-pool  or  closet 
pipe  laid  or  constructed  under  the  direction  of  the  Board  of 
Trustees. 

SEC.  7.  No  person  shall  destroy  or  injure  the  bank  of  any 
ditch  or  open  drain,  or  place  any  dirt  or  other  substance  there- 
in, to  obstruct  the  same,  or  shall  obstruct  the  free  passage  of 
water  through  the  same ;  nor  tap  any  public  ditch  or  open 
drain,  or  connect  any  private  sewer,  ditch  or  drain  there- 
with, without  the  consent,  in  writing,  of  the  Commissioners  of 
Highways  in  their  respective  districts. 

SEC.  8.  No  person  shall  build  any  box-drain  in,  or  inclose 
any  ditch  on  any  of  the  streets  of  said  town,  without  first  hav- 
ing obtained  permission  from  the  Commissioner  of  Highways 
of  the  district,  which  permission  shall  indicate  the  size  of  such 
box-drain,  which  shall  conform  to  the  wants  of  the  ditch. 

SEC.  9.  Any  person  who  shall  violate  any  section,  clause  or 
provision  of  this  chapter  shall,  on  conviction,  be  fined  in  a 
sum  not  exceeding  one  hundred  dollar*  for  each  offense. 


28  SIDEWALKS  AND  CROSSWALKS. 


CHAPTER   X. 
SIDEWALKS  AND  CROSSWALKS. 


1.  Provide  for  construction  by 

ordinance. 

2.  How  and  of  what  con- 

structed. 


3.  Crosswalks  and  aprons, 

width  of. 

4.  Crosswalks,  how  con- 

structed. 


5.  Planting  spaces. 

SECTION  1.  The  Board  of  Trustees  may,  by  ordinance,  pro- 
vide for  the  construction  of  sidewalks  upon  any  street  in  the 
town,  in  accordance  with  any  law  now  in  force  or  which  may 
hereafter  be  in  force  in  relation  thereto. 

SEC.  2.  All  sidewalks  shall  be  built  not  less  than  six  feet 
in  width  (unless  otherwise  provided  by  ordinance),  of  sound 
pine  plank  two  inches  thick  and  not  exceeding  eight  inches  in 
width,  laid  crosswise,  and  firmly  set  upon  and  supported  by 
three  bearing  pieces  of  two  by  six  inch  pine  timber,  nailed  with 
five  thirty-penny  nails  to  each  plank,  and  cut  to  a  line  on  the 
outer  edge,  and  placed  substantially  on  the  ground,  so  as  to 
form  an  even  grade.  All  sidewalks  shall  incline  upwards  from 
the  outer  edge  toward  the  line  of  buildings  or  lots  at  the  rate 
of  one  inch  in  three  feet.  All  lumber  to  be  good  common : 
Provided,  That  owners  of  any  lot  before  which  any  sidewalk 
is  ordered  may  construct  a  better  sidewalk  than  above  de- 
scribed, and  of  other  materials,  by  permission  of  the  Board  of 
Trustees. 

SEC.  3.  All  crosswalks  shall  be  of  the  width  of  three  feet, 
with  suitable  aprons  or  approaches,  as  the  case  may  be. 

SEC.  4.  Crosswalks  shall  be  built  of  plank  not  less  than 
two  inches  thick,  laid  lengthwise,  and  firmly  supported  with 
cross-bearing  pieces  of  four  by  six  inch  timber,  and  nailed  firm- 
ly with  thirty -penny  nails ;  and  crosswalks  shall  be  laid  with 
care,  and  so  let  into  the  ground  and  protected  with  aprons  as 


SIDEWALKS  AND  CROSSWALKS. 


29 


not  to  form  any  material  obstruction  to  travel  upon  the  street 
or  road  across  which  they  are  laid.  All  crosswalks  shall  be 
kept  in  repair  by  the  Commissioners  of  Highways. 

SEC.  5.  On  all  streets,  avenues,  places  or  courts,  the  follow- 
ing, upon  each  side  of  said  highways,  are  designated  for  side- 
walks and  grounds  for  adornment,  and  at  which  distances  curb- 
stones may  be  set :  On  highways  one  hundred  feet  wide,  twen- 
ty-four feet;  eighty  feet  wide,  eighteen  feet;  sixty-six  feet 
wide,  fourteen  feet. 


CHAPTER   XI. 
BOARD  OF  HEALTH  AND  SANITARY  REGULATIONS. 


1.  Board  of  Health. 

2.  Powers  of  Board. 

3.  Health  Officers. 

4.  Notices,  how  served. 

5.  Duties  of  Health  officer. 

6.  Smallpox  and  scarlet  fever. 

7.  Nurses  and  medicines. 

8.  Physicians  make  report. 


9.  Head  of  family  report. 

10.  Removal  of  afflicted  persons 

11.  Remain  in  premises. 

12.  Rules  governing. 

13.  Hospitals  and  quarantine. 

14.  Introducing  disease,  penal- 

ty, etc. 

15.  Expenses,  how  paid. 


SECTION  1.  That  there  be,  and  there  is  hereby  established, 
a  Board  of  Health  in  said  town,  which  shall  consist  of  the  Su- 
pervisor, Assessor  and  Town  Clerk,  of  which  the  Supervisor 
shall  be  President. 

SEC.  2.  The  said  Board  of  Health  may  take  such  measures 
as  they  may  from  time  to  time  deem  necessary  to  prevent  the 
spread  of  small  pox  or  other  pestilential  diseases,  by  issuing  an 
order  requiring  all  persons  in  said  town,  or  any  part  thereof, 
to  be  vaccinnated,  within  such  time  as  they  shall  prescribe,  or 
to  conform  to  such  other  reasonable  sanitary  regulations  as 
they  may  establish.  All  persons  refusing  or  neglecting  to  obey 
such  order  shall,  on  conviction,  be  fined  not  less  three  dollars, 


30  BOARD  OF  HEALTH  AND  SANITARY  REGULATIONS. 

nor  more  than  fifty  dollars,  for  each  offense ;  Provided,  that  it 
shall  be  the  duty  of  said  Board  to  provide,  at  the  expense  of 
the  town,  for  the  vaccinnation  of  such  persons  as  are  unable  to 
pay  for  the  same. 

SEC.  3.  The  said  Board  of  Health,  by  and  with  the  consent 
of  the  said  Board  of  Trustees,  may  from  time  to  time  appoint, 
and  at  discretion  remove  from  office,  one  or  more  health  offi- 
cers, whose  duty  it  shall  be  to  carry  out  all  the  orders  of  the 
Board  of  Health,  the  laws  of  the  State  and  ordinances  of  the 
town  relating  to  the  sanitary  regulations  of  the  town ;  to  pro- 
ceed from  time  to  time  to  make  a  thorough  and  systematic  ex- 
amination of  the  town,  and  cause  all  nuisances  to  be  abated 
with  all  reasonable  promptness.  For  the  purpose  of  carrying 
out  the  foregoing  requirements,  such  health  officer  shall  be  per- 
mitted, at  all  times,  from  the  rising  to  the  setting  of  the  sun, 
to  enter  into  any  house,  store,  stable,  or  other  building,  and  to 
cause  the  floors  to  be  raised,  if  he  shall  deem  it  necessary,  in 
order  to  make  a  thorough  examination  of  cellars,  vaults,  sinks 
or  drains ;  to  enter  upon  all  lots  or  grounds,  and  to  cause  all 
stagnant  waters  to  be  drained  off;  pools,  sinks,  vaults,  drains 
or  low  grounds  to  be  cleansed,  filled  up  or  otherwise  improved ; 
to  cause  all  privies  to  be  cleansed  and  kept  in  good  condition ; 
and  to  cause  all  dead  animals,  or  other  nauseous  or  unwhole- 
some things  or  substances,  to  be  buried  or  removed  beyond  the 
limits  of  the  town. 

SEC.  4.  In  order  to  carry  out  the  provisions  of  the  forego- 
ing section,  it  shall  be  the  duty  of  the  health  officer  to  serve  a 
notice,  in  writing,  upon  the  owner,  occupant  or  agent  of  any 
lot,  building  or  premises,  in  or  upon  which  any  nuisance  may 
be  found,  or  upon  any  person  who  may  be  the  owner  or  cause 
of  such  nuisance,  requiring  him  or  them  to  abate  the  same,  in 
such  manner  as  said  officer  may  prescribe,  within  a  reasonable 
time  after  such  service ;  Provided,  that  it  shall  not  be  necessary, 
in  any  case,  for  the  health  officer  to  specify  in  his  notice  the 
manner  in  which  any  nuisance  shall  be  abated,  unless  he  shall 
deem  it  advisable  so  to  do ;  and  such  notice  may  be  served  by 


BOARD  OF  HEALTH  AND  SANITARY  REGULATIONS.  31 

any  officer  of  said  town,  who  may  be  deputed  or  directed  by 
said  health  officer  to  serve  the  same.  If  such  owner,  occupant, 
agent  or  person,  so  served  with  a  copy  of  such  notice,  shall 
neglect  or  refuse  to  comply  with  the  requirements  of  such  no- 
tice, within  the  time  specified  therein,  he  shall,  on  conviction, 
be  fined  not  less  than  three  dollars,  nor  more  than  fifty  dollars, 
for  every  violation ;  and  it  shall  be  the  duty  of  said  health  of- 
ficer to  proceed  at  once,  upon  the  expiration  of  the  time  spec- 
ified in  said  notice,  to  cause  such  nuisance  to  be  abated ;  Pro- 
vided, that  whenever  the  owner,  occupant  or  agent  of  any 
premises,  in  or  upon  which  any  nuisance  may  be  found,  is 
unknown,  or  cannot  be  found,  the  said  health  officer  shall  pro- 
ceed to  abate  the  same  without  notice ;  and,  in  either  case,  the 
expense  of  such  abatement,  when  made  by  said  health  officer, 
shall  be  collected  from  the  offender  in  such  manner  as  shall  be 
provided  by  ordinance  or  resolution  of  said  Board  of  Trustees. 

SEC.  5.  It  shall  be  the  duty  of  said  health  officer  to  visit 
and  examine  all  sick  persons  who  shall  be  reported  to  him  as 
taken,  or  supposed  to  be  taken,  with  small-pox,  cholera  or  any 
infectious  or  pestilential  disease,  and,  under  the  advice  of  the 
Board  of  Health,  cause  all  such  infected  persons  to  be  removed 
to  the  cholera,  small-pox  or  other  hospital,  or  to  such  other 
safe  and  proper  place  as  he  may  think  proper,  or  as  he  shall 
be  directed  by  said  Board  of  Health,  and  cause  them  to  be 
provided, with  suitable  nurses,  medical  attendance  and  nour- 
ishment, at  their  own  expense,  if  they  are  able  to  pay  for  the 
same,  but,  if  not,  then  at  the  expense  of  the  town. 

SEC.  6.  It  shall  also  be  the  duty  of  such  health  officer,  or 
the  Captain  of  Police,  when  directed  by  the  Board  of  Health, 
to  cause  a  notice,  printed,  painted  or  written  in  large  letters, 
on  yellow  material,  of  a  size  not  less  than  ten  by  twelve  inches, 
to  be  placed  conspicuously  on  the  front  of  any  house  in  which 
any  person  may  be  affected  or  sick  with  small-pox,  upon  which 
such  notice  shall  be  printed,  painted  or  written  the  words 
"Small-Pox  Here,"  and  a  notice  of  similar  dimensions  and 
construction,  on  red  material,  with  the  words  "  Scarlet  Fever 


32  BOARD  OF  HEALTH  AND  SANITARY  REGULATIONS. 

Here,"  on  any  house  where  any  person  is  affected  or  sick  with 
scarlet  fever ;  and  if  any  person  or  persons  shall  deface,  alter, 
mutilate,  destroy  or  tear  down  such  notice,  without  permission 
of  the  Board  of  Health  or  of  the  health  officer,  such  person  or 
persons  shall,  on  conviction,  for  each  offense,  be  fined  not  less 
than  twenty -five  dollars,  nor  more  than  fifty  dollars. 

The  occupant  of  any  house,  upon  which  such  notice  shall 
be  placed  or  posted  as  aforesaid,  shall  be  held  responsible  for 
the  removal  of  the  same,  and  if  the  same  shall  be  removed 
without  permission  as  aforesaid,  such  occupant  shall,  on  con- 
viction, be  fined  not  less  than  twenty-five  dollars,  nor  more 
than  fifty  dollars,  unless  he  shall  notify  the  Board  of  Health 
or  health  officer  within  twenty-four  hours  after  the  removal  of 
such  notice. 

SEC.  7.  It  shall  be  the  duty  of  the  health  officer  to  see 
that  the  hospital,  or  other  place  to  which  he  shall  cause  sick 
or  infected  people  to  be  removed,  is  supplied  with  suitable 
nurses,  furniture,  fuel,  nourishment  and  medicines,  under  the 
direction  of  the  Board  of  Health,  and  that  persons  dying 
therein  are  decently  and  promptly  buried,  at  the  expense  of 
the  town;  Provided,  that  such  expense  shall  not  be  charged 
to  the  town,  unless  such  deceased  persons  have  left  no  means 
to  defray  the  expenses  of  their  sickness  and  burial. 

SEC.  8.  Every  physician  practising  in  this  town  who  shall 
have  any  patient  affected  or  sick  with  any  malignant  fever, 
cholera,  small-pox,  or  any  infectious  or  pestilential  disease, 
shall  forthwith  make  report  thereof,  in  writing,  to  some  mem- 
ber of  the  Board  of  Health,  or  to  the  President  of  the  Board 
of  Trustees,  describing  the  locality  of  the  house  or  place  where 
said  patient  may  be,  with  such  certainty  that  the  same  may  be 
easily  found.  Any  physician  who  shall  withhold  such  inform- 
ation, or  neglect  or  refuse  to  comply  with  the  provisions  of  this 
section,  shall,  on  conviction,  be  fined  not  less  than  five  dollars, 
nor  more  than  fifty  dollars,  for  each  day  he  shall  neglect  or 
refuse  so  to  do. 


MISDEMEANORS.  33 

SEC.  9.  It  shall  be  the  duty  of  the  head  of  any  family  of 
which  any  member  may  be  attacked  by  small-pox,  or  any 
infectious  or  pestilential  disease,  to  report  the  fact  to  the  Cap- 
tain of  Police,  health  officer,  or  some  member  of  the  Board 
of  Health,  as  soon  as  he  becomes  aware  of  the  same,  and  any 
such  person  neglecting  to  give  such  notice  shall,  on  conviction 
thereof,  be  fined  not  less  than  ten  dollars. 

SEC.  10.  No  person  shall  put  out,  remove,  or  allow  to  be 
put  out  or  removed,  from  the  premises  or  place  occupied  or 
owned  by  him,  into  any  street,  alley  or  other  public  place  in 
said  town,  any  person  having  the  small-pox,  or  any  infectious 
or  pestilential  disease.  Such  owner  or  occupant  shall  imme- 
diately report  such  case  to  the  health  officer,  or  some  member 
of  the  Board  of  Health,  or  to  the  President  of  the  Board  of 
Trustees.  Any  person  who  shall  violate  any  provision  of  this 
section,  or  neglect  or  refuse  to  report  as  aforesaid,  shall,  on 
conviction,  be  fined  not  less  than  ten  dollars  nor  more  than 
two  hundred  dollars  for  each  offense. 

SEC.  11.  If  any  person  affected  with  small-pox,  cholera, 
or  any  infectious  or  pestilential  disease,  shall  before  complete 
recovery  therefrom  wilfully  go  without  his  private  premises,  or 
other  place  where  he  may  have  been  kept  during  such  disease, 
into  or  upon  any  of  the  streets  or  public  places  in  said  town, 
or  in  any  manner  wantonly  or  recklessly  expose  any  of  the 
inhabitants  of  said  town  to  such  contagion  or  disease,  every 
such  person  shall,  on  conviction,  be  fined  for  each  offense  not 
less  than  twenty-five  dollars  nor  more  than  two  hundred  dol- 
lars. 

SEC.  12.  The  said  Board  of  Health  shall  make  such  rules 
and  regulations  for  the  government  of  the  quarantine  or  health 
of  the  town  as  from  time  to  time  they  shall  deem  necessary; 
subject,  however,  to  the  approval  of  said  Board  of  Trustees; 
and  any  physician  or  health  officer  in  charge  of  any  quaran- 
tine station  or  hospital  of  said  town,  shall  have  power  to  make 
and  enforce  such  regulations  as  may  be  necessary  for  the 


34  MISDEMEANORS. 

proper  conduct  and  management  thereof;  and  it  shall  be  the 

,  duty  of  all  persons  in  quarantine  or  hospital,  and  of  all  agents, 

officers  or  other  persons  employed  by  said  town  in  or  about 

such  quarantine  or  hospital,  to  carry  out  and  obey  the  same. 

SEC.  13.  The  Board  of  Trustees  of  said  town  shall,  when 
necessary,  select,  purchase,  lease  or  establish  sites,  places  and 
boundaries  for  pest  houses,  hospitals,  and  for  quarantine  sta- 
tions, and  provide,  lease,  purchase  or  erect  thereon,  from  time 
to  time,  such  buildings  as  in  their  judgment  may  be  requisite 
and  necessary,  and  keep  the  same  in  good  repair  and  fit  for 
their  occupation  by  patients.  The  said  Board  of  Health, 
whenever  they  shall  deem  it  necessary,  may,  by  proclamation 
(the  approval  of  said  Board  of  Trustees  being  first  obtained), 
require  all  vessels,  railroad  cars,  or  other  public  conveyances, 
touching  at  or  passing  through  the  town,  before  the  same  shall 
land  or  stop  at  any  wharf,  landing,  depot  or  stopping  place  in 
said  town,  to  touch  or  stop  at  some  site,  place  or  boundary,  so 
selected  and  established  for  quarantine  or  hospital  purposes, 
and  leave  all  such  emigrants,  travelers,  or  persons  recently 
from  seaboard,  and  all  such  sick,  diseased  or  unclean  persons, 
with  their  stores  and  baggage,  as  in  the  opinion  of  the  officers 
stationed  at  such  quarantine  sites,  hospitals,  places  or  bound- 
aries, shall  be  deemed  proper  on  account  of  the  existence  or 
general  report  of  cholera,  small-pox,  contagious  disease,  or 
disease  endangering  the  health  of  the  inhabitants  of  said  town ; 
and  whenever  it  shall  be  deemed  necessary  to  issue  such  proc- 
lamation, it  shall  be  the  duty  of  the  Board  of  Health  to  send 
the  same,  with  the  substance  of  the  regulations  of  quarantine 
and  the  period  of  time  during  which  the  same  shall  'be  in 
force,  to  such  persons  and  places  as  they  shall  deem  proper. 
Said  Board  of  Health  shall  also  cause  to  be  stationed  at  such 
quarantine  sites,  places  or  boundaries,  one  or  more  health  offi- 
cers or  physicians,  whose  duty  it  shall  be  to  go  on  board  and 
examine  all  cars,  vessels  or  other  public  conveyances,  si»  as 
aforesaid  required  to  stop  or  touch  at  such  quarantines  respect- 
ively, and  then  and  there  determine  what  emigrants,  passen- 


MISDEMEANORS.  35 

gers  or  persons,  if  any,  shall  stop  at  such  quarantines ;  and  it 
shall  be  the  duty  of  all  persons  in  charge  of  such  car,  vessel 
or  public  conveyance  to  aid  any  health  officer  or  physician  of 
said  town  in  the  exercise  of  the  duties  aforesaid.  The  said 
health  officers  or  physicians  shall  attend  to  all  sick  persons 
detained  in  quarantine  as  aforesaid,  and  provide  medicines  and 
necessaries  for  their  use,  and  shall  have  general  supervision  of 
such  quarantines,  and  may  compel  persons  placed  therein  to 
purify  their  bodies,  clothes  and  baggage,  and  do  all  such  acts 
and  things  as  shall  be  proper  in  the  premises,  keeping  correct 
accounts  of  all  necessary  expenditures  and  services,  which  shall 
be  allowed  and  paid  by  order  of  the  Board  of  Trustees.  And 
whenever  the  officer  in  charge  of  any  such  quarantine  station 
shall  be  satisfied  that  any  persons  detained  there  as  aforesaid 
are  free  from  disease,  and  their  baggage  and  effects  are  prop- 
erly purified,  he  shall  discharge  them. 

SEC.  14.  No  person,  master  or  conductor,  in  charge  of  any 
vessel,  car,  or  other  public  conveyance,  shall  knowingly  bring 
into  this  town  any  person  diseased  with  cholera,  small-pox,  or 
any  contagious  or  communicable  disease  whatever,  and  no  per- 
son stopping  or  detained  in  any  hospital  or  at  any  quarantine 
place  in  said  town  shall  leave  the  same  without  obtaining  per- 
mission, in  writing,  from  the  officer  in  charge  thereof,  nor  shall 
any  person  aid  or  abet  in  any  violation,  neglect  or  evasion  of 
any  provision  or  requirement  of  this  ordinance ;  nor  shall  any 
person  interfere  with,  resist,  neglect  or  refuse  to  obey,  the  or- 
ders of  any  health  officer,  physician,  or  other  person  in  author- 
ity at  any  hospital  or  quarantine,  established  as  aforesaid,  or  do 
any  act  in  violation  or  disobedience  of  any  of  the  provisions, 
clauses  or  sections  of  this  ordinance  ;  nor  shall  any  person  in- 
terfere with  or  attempt  to  defeat  any  lawful  regulation  of  said 
Board  of  Health,  or  officer  in  charge  of  any  hospital  or  quaran- 
tine. Any  person  who  shall  offend  as  aforesaid,  or  who  shall 
in  any  manner  resist  any  officer  or  agent  of  this  town  in  the 
discharge  of  his  duties,  as  contemplated  in  this  ordinance,  or  at- 
tempt to  defeat  or  interrupt  the  carrying  into  effect  of  the  pro- 


36  MISDEMEANORS. 

visions  of  this  ordinance  or  any  lawful  regulation  of  said  Board 
of  Health,  shall,  in  cases  where  no  penalty  is  prescribed,  on  con- 
viction, be  fined  not  less  than  five  dollars  nor  more  than  two 
hundred  dollars  for  each  and  every  offense. 

SEC.  15.  All  necessary  expenses  incurred  under  this  ordi- 
nance or  any  lawful  regulation  of  said  Board  of  Health  shall 
be  audited  by  the  said  Board  of  Trustees  and  paid  out  of  the 
appropriate  fund,  or,  when  necessary,  out  of  the  contingent  fund 
of  said  town  ;  Provided,  that  when  practicable  all  persons  tak- 
en into  hospital  or  quarantine,  and  there  receiving  aid  and  care, 
shall  pay  such  moneys  as  shall  be  sufficient  to  meet  the  expen- 
ses, labor  and  care  incurred  in  their  behalf;  which  moneys, 
when  received,  shall  be  faithfully  kept,  accounted  for  and  paid 
over  to  the  Treasurer  of  said  town,  on  demand,  by  the  officer 
receiving  the  same. 


MISDEMEANORS. 


37 


CHAPTER   XII. 


MISDEMEANORS. 


1.  Assault  and  battery. 

2.  Breach  of  peace. 

3.  Riot,  etc.;  penalty. 

4.  Intoxication;  fine. 

5  and  6.  Disorderly  conduct. 

7.  Lewdness. 

8.  Killing     birds,     destroying 

nests  and  eggs. 

9.  Fireworks  stored  in  vaults. 

10.  Discharging  firearms,  etc. 

11.  Music  on  Sunday. 

12.  Disturbing  worship  of  God. 

13.  Disturbing  school,  etc. 

14.  Disturbing  funerals. 

15.  Bathing. 

16.  Exposure  of  person. 

17.  Fighting. 

18.  Indecent  show. 

19.  Cruelty  to  animals. 

20.  Fast  driving. 

21.  Injury  to  bridge. 

22.  Obscene  books,  etc. 

23.  Defacing  public  or  private 

property. 

24.  Destroying  trees. 

25.  Signs,  placards,  etc. 

26.  House  of  ill  fame. 

27.  Disorderly  house. 

28.  Gambling. 

29.  Not  keep  gambling  house. 

30.  Lotteries. 

31.  Cheating. 


32.  Destroying  notices. 

33.  Pasturing  cattle. 

34.  Hogs  running  at  large. 

35.  Breaking  pound. 

36.  Dangerous  dog. 

37.  Scaring  horses. 

38.  Broken  walk,  cellar  door,etc. 

39.  Gates  to  swing  in. 

40.  Scaffolds. 

41.  Throwing  stones,  etc. 

42.  Public  lamps. 

43.  Flying  kites. 

44.  Impure  milk. 

45.  Tainted  meat,  etc. 

46.  Impure  ice. 

47.  Burning  hay,  grass,  etc. 

48.  Bonfires. 

49.  Dead  animals. 

50.  Concealed  weapons. 

51.  Weapons;  confiscated. 

52.  Vagrants. 

53.  Removing  buildings. 

54.  Injuring  signs  and  notices. 

55.  Base  ball  on  Sunday. 

56.  Teamsters. 

57.  Obstructing  highways. 

58.  Funerals;  stopping  at  saloons 

59.  Night  scavengers. 

60.  Resisting  officer. 

61.  Committed  to  calaboose,  etc. 

62.  Penalty. 

63.  Misdemeanor  defined. 


SECTION  1.     No  person  shall  be  guilty  of  an  assault,  nor  of 
an  assault  and  battery. 

SEC.  2.     No  person  shall  provoke  a  breach  of  the  peace,  or 
shall  use  any  violent,  threatening,  profane  or  indecent  language 


38  MISDEMEANORS. 

to  the  disturbance  of  any  person,  or  shall  use  any  threatening 
or  abusive  language  toward  any  other  person  tending  to  a 
breach  of  the  peace. 

SEC.  3.  If  any  person  or  persons  shall  make,  aid,  or  coun- 
tenance, or  assist  in  making  any  riot,  improper  noise,  disturb- 
ance, breach  of  the  peace,  diversion,  in  any  street  or  other 
public  place  in  this  town,  or  shall  collect  in  bodies  or  crowds 
for  unlawful  purposes,  or  for  any  purpose,  to  the  annoyance  or 
disturbance  of  the  inhabitants  of  said  town  within  the  limits 
of  said  town,  such  person  or  persons  shall,  on  conviction,  be 
severally  fined  in  a  sum  not  less  than  two  nor  more  than  twen- 
ty-five dollars  for  each  offense. 

SEC.  4.  Any  person  who  shall,  within  the  limits  of  said 
town,  be  found  tipsy  or  intoxicated  in  any  saloon,  street,  high- 
way, avenue,  alley,  or  public  place,  or  in  any  private  house  or 
place,  to  the  annoyance  of  any  citizen  or  person  residing  in 
said  house  or  place,  shall  be  fined  for  each  offense  not  less  than 
two  dollars,  nor  more  than  twenty  dollars,  and  any  policeman 
of  said  town  is  hereby  empowered  to  arrest,  without  warrant, 
any  such  person  when  so  found  tipsy  or  intoxicated,  and  to 
convey  him  or  her  to  the  town  calaboose,  county  jail,  or  other 
place  provided  for  the  incarceration  of  offenders  against  the 
ordinances  of  said  town,  or  in  his  discretion,  to  some  other 
safe  place  within  said  town,  there  to  remain  in  custody  of  the 
keeper  of  such  place  of  confinement  until  such  person  so 
arrested  shall  become  sober,  or  can  otherwise  be  conveniently 
brought  before  the  police  magistrate  of  said  town  or  some  jus- 
tice of  the  peace  of  Cook  County  for  trial.  If  such  arrest  be 
made  in  the  evening  or  night,  or  on  Sunday,  it  shall  be  lawful 
to  keep  said  person  so  arrested  in  custody,  as  aforesaid,  over 
night,  or  over  Sunday,  as  the  case  may  be,  and  until  he  or 
she  can  be  conveniently  tried  as  aforesaid. 

SEC.  5.  If  any  person  or  persons  shall  be  guilty  of  riotous 
conduct  or  disorderly  behavior,  tending  to  disturb  the  public 
quiet,  or  shall  disturb  the  peace  of  any  neighborhood  or  family, 


MISDEMEANOKS.  39 

by  threatening  to  fight,  or  shall  in  loud  and  violent  language 
advise  any  person  to  assault  or  beat  the  person  of  another, 
within  the  limits  of  said  town,  every  person  so  offending  shall, 
on  conviction,  be  fined  in  a  sum  not  less  than  three  nor  more 
than  fifty  dollars  for  each  offense. 

SEC.  6.  No  person  shall  be  guilty  of  disorderly  conduct,  or 
shall  make,  aid,  countenance,  or  assist  in  making  any  improper 
noise,  riot,  disturbance,  or  breach  of  the  peace. 

SEC.  7.  No  person  shall  be  guilty  of  open  lewdness,  disor- 
derly conduct  or  act  of  public  indecency  tending  to  debauch 
the  public  morals. 

SEC.  8.  No  person  shall  shoot,  kill,  or  destroy  any  bird, 
nor  hunt  with  gun  or  dog  in  any  street,  alley,  highway,  thor- 
oughfare, park  or  public  grounds,  or  destroy  any  bird's  eggs  or 
bird's  nests. 

SEC.  9.  No  squibs,  rockets,  crackers,  serpents,  or  other  fire- 
works containing  powder,  or  other  combustibles,  or  explosive 
material,  shall  be  kept  or  stored  within  the  town,  except  the 
same  be  kept  or  stored  in  a  fire-proof  vault. 

SEC.  10.  No  person  shall  fire  or  discharge  any  cannon,  gun, 
fowling-piece,  pistol,  or  fire-arm  of  any  description,  or  fire, 
explode,  or  set  off  any  squib,  rocket,  roman  candle,  fireworks, 
or  other  combustible  containing  powder  or  other  explosive  ma- 
terials, within  the  limits  of  said  town,  without  permission  of 
the  Board  of  Trustees,  or  written  permission  from  the  Super- 
visor of  said  town,  which  permission  shall  limit  the  time  and 
place  of  such  firing,  and  shall  be  subject  to  be  revoked  by  said 
Supervisor  or  Board  of  Trustees  at  any  time  after  it  has  been 
granted;  any  violation  of  this  section  shall  subject  the  offender 
to  a  fine  of  not  less  than  one  dollar,  nor  more  than  ten  dollars. 

SEC.  11.  No  person  shall  play  any  musical  instrument  on 
Sunday  in  any  street,  highway,  alley,  thoroughfare,  public  or 
unoccupied  ground,  garden  or  grove  to  the  disturbance  of  any 
person,  without  written  permission  so  to  do  from  the  Board 
of  Trustees. 


40  MISDEMEANORS. 

SEC.  12.  No  person  shall  by  any  menace,  profane  swearing, 
vulgar  language,  or  any  disorderly  or  unusual  conduct,  inter- 
rupt or  disturb  any  assembly  of  people  met  for  the  worship 
of  God. 

SEC.  13.  No  person  shall  wilfully  interrupt  or  disturb  any 
school  or  other  assembly  of  people,  met  for  a  lawful  purpose. 

SEC.  14.  No  person  shall  wilfully  interrupt  or  disturb  a 
funeral  assembly  or  procession. 

SEC.  15.  No  person  shall  bathe  or  swim  in  any  lake,  river, 
pond,  ditch  or  body  of  water  within  the  corporate  limits  of  the 
town  at  any  time,  nor  in  Lake  Michigan,  within  one  mile  of  th.6 
shore,  in  a  naked  state,  amounting  to  an  indecent  exposure  of 
the  person,  during  the  period  of  time  commencing  at  sunrise  and 
ending  one  hour  after  sunset,  to  the  annoyance  of  any  person 
or  family. 

SEC.  16.  If  any  person  shall  appear  in  a  public  place  in  a 
state  of  nudity,  or  in  a  dress  not  belonging  to  his  or  her  sex, 
or  in  an  indecent  or  lewd  dress,  or  shall  make  any  indecent  ex- 
posure of  his  or  her  person,  or  shall  be  guilty  of  any  indecent 
act  or  behavior  within  the  limits  of  said  town,  such  person  shall, 
on  conviction,  be  fined  in  a  sum  not  less  than  one,  nor  more 
than  fifty  dollars  for  each  offense. 

SEC.  17.  No  person  shall  instigate,  cause  or  procure  any 
dog-fight,  prize-fight,  cock-fight,  nor  ar^y  public  or  private  fight- 
ing. 

SEC.  18.  No  person  shall  instigate,  cause  or  procure,  or 
in  any  manner  assist  in  any  indecent  or  immoral  show  or  exhi- 
bition of  any  animal,  or  indecently  exhibit  any  stud-horse,  stal- 
lion, jack,  bull  or  other  animal  or  animals,  or  let  any  horse, 
stallion  or  jack  to  any  mare  or  mares,  or  bull  to  cow  or  cows, 
within  the  limits  of  said  town,  unless  in  some  enclosed -place  out 
of  public  view,  and  not  less  than  ten  rods  from  any  occupied 
dwelling-house.  Any  person  or  persons  guilty  of  any  such  of- 
fense shall  forfeit  and  pay  a  penalty  of  five  dollars  lor  each  of- 
fense. 


MISDEMEANORS.  41 

SEC.  19.  No  person  shall  overload,  overwork,  cruelly  beat, 
torture,  mutilate,  or  cruelly  kill  any  animal,  or  cause  or  know- 
ingly allow  the  same  to  be  done. 

SEC.  20.  If  any  person  or  persons  shall  run,  ride,  drive, 
race,  or  trot  any  horse,  animal  or  animals  in  any  street,  avenue, 
lane  or  alley  within  the  limits  of  said  £own  at  a  speed  faster 
than  eight  miles  an  hour,  or  in  a  manner  which  may  be  danger- 
ous to  any  person  or  persons  using  such  street,  avenue,  lane  or 
alley,  or  to  his  or  their  property,  or  shall  engage  in  racing  with 
another,  every  person  so  offending  shall,  on  conviction,  be  fined 
in  a  sum  not  less  than  two  dollars  nor  more  than  fifty  dollars  for 
each  offense. 

SEC.  21.  No  person  shall  injure,  remove,  destroy  or  deface, 
or  assist  in  injuring,  removing,  destroying  or  defacing,  any 
bridge,  fence,  building,  sidewalk,  school  house,  church  building, 
depot,  house,  public  building,  street  signs,  lamps,  post-office 
boxes  or  hydrants. 

SEC.  22.  No  person  or  persons  shall  expose,  circulate,  offejr 
for  sale,  or  distribute  within  the  limit«  of  said  town,  any  ob- 
scene, scandalous  or  libelous  newspaper,  book,  print,  pamphlet, 
circular,  periodical,  caricature,  picture,  drawing,  statue,  or  other 
object  whatever  of  any  immoral  or  scandalous  nature,  or  calcu- 
lated to  excite  scandal,  immorality,  or  disturbance  of  the  peace 
or  public  tranquility ;  any  such  offense  as  is  above  prohibited, 
is  hereby  declared  a  nuisance,  and  every  person  violating  the 
provisions  of  this  section  shall,  on  conviction,  be  fined  for  each 
offense  not  less  than  five  dollars,  nor  more  than  fifty  dollars.. 

SEC.  23.  Any  person  or  persons  who  shall  wantonly  or  will- 
fully mark,  mar,  deface  or  injure  any  public  or  private  building 
or  grounds,  within  the  corporate  limits  of  said  town,  by  writing, 
scribbling  or  marking  with  chalk,  lead  or  paint,  or  who  shall  in 
any  manner  wantonly  or  willfully  break,  injure  or  deface  the 
walls,  plastering,  paint,  doors,  lights,  windows  or  window  cas- 
ings, or  any  other  part  of  such  building  or  grounds,  or  who 
shall  commit  any  nuisance  by  depositing  upon  or  thereabout, 


42  MISDEMEANORS. 

or  throwing  at  such  building  or  grounds  any  offensive  or  unclean 
matter  shall,  on  conviction,  be  fined  for  each  offense  in  a  sum 
not  less  than  five  dollars,  nor  more  than  two  hundred  dollars. 

SEC.  24.  Any  person  who  shall  wilfully  or  wantonly  injure, 
deface  or  destroy  any  shade  or  ornamental  tree,  bush  or  fence, 
or  hitching  post,  within  said  town  limits,  shall,  on  conviction, 
for  each  offense  be  fined  in  a  sum  not  less  than  two  dollars,  nor 
more  than  twenty  dollars. 

SEC.  25.  The  posting,  sticking,  painting,  marking,  stencil-  ' 
ing  or  other  fastening  upon  or  to  any  public  or  private  house, 
store  or  other  building,  or  upon  or  to  any  tree,  fence,  sidewalk 
or  other  premises  within  the  limits  of  said  town,  of  any  hand- 
bill, placard,  written  or  printed  advertisement,  except  legal  no- 
tices arising  under  the  laws  of  this  State,  or  the  ordinances  of 
said  town,  without  permission  of  the  occupant  of  the  premises 
which  may  stand,  belong,  or  be  adjacent  to,  or  of  the  owner,  if 
such  premises  be  unoccupied,  and  also  the  posting,  sticking, 
painting,  stenciling,  marking  or  fastening  upon  or  to  any  of  the 
aforesaid  places  or  things,  or  to  any  crossing,  fire  hydrant,  tel- 
egraph pole,  or  railing,  within  said  limits,  of  any  advertisement 
or  notice  of  any  pills,  drug,  liniment,  medicine,  medicinal  com- 
pound, or  of  the  nature  of  the  treatment  of  any  disease,  or  of  any 
obscene  or  indecent  matter,  are  hereby  severally  defined  and 
declared  to  be  nuisances ;  any  person  who  shall  violate  any  of 
the  provisions  of  this  section  shall,  on  conviction,  be  fined  not 
less  than  two  dollars,  nor  more  than  twenty  dollars,  for  each  of- 
fense, and  in  a  like  sum  for  each  day  such  person  shall  fail  or 
refuse  to  abate  or  remove  such  nuisance  after  having  been  noti- 
fied so  to  do  by  any  officer  of  said  town.  Whenever  any  nui- 
sance of  the  character  described  in  this  section  shall  be  found 
on  any  premises,  the  Supervisor  of  the  town  is  hereby  author- 
ized, in  his  discretion,  to  cause  the  same  to  be  abated  in  such 
manner  as  he  may  direct,  and  for  that  purpose  to  employ  the 
police  force  of  the  town,  or  any  other  proper  and  convenient 
agents. 


MISDEMEANORS.  43 

SEC.  26.  No  person  shall  keep  or  maintain  a  house  of  ill 
fame  or  assignation,  or  place  for  the  practice  of  prostitution  or 
lewdness.  No  person  shall  patronize  or  be  an  inmate  of  the 
same,  nor  let,  own  or  be  interested  in  any  house,  room  or  other 
premises,  for  any  such  purpose,  or  shall  keep  a  common  ill-gov- 
erned, disorderly  house,  to  the  encouragement  of  idleness,  gam- 
ing, drinking,  fornication,  or  other  misbehavior.  Whoever  vi- 
olates any  provision  of  this  section  shall  be  guilty  of  maintain- 
ing a  nuisance ;  such  person  shall,  on  conviction,  be  fined  in  a 
sum  not  less  than  ten  dollars,  nor  more  than  two  hundred  dol- 
lars, for  each  offense,  and  in  the  further  sum  of  twenty -five  dol- 
lars for  every  twenty-four  hours  that  any  such  person  shall  con- 
tinue to  keep  such  house  or  place,  or  suffer  the  same  to  be  kept 
for  any  of  the  purposes  aforesaid,  after  the  first  conviction,  or 
after  such  person  shall  be  ordered  by  the  Supervisor,  or  any 
member  of  the  Board  of  Trustees,  or  Captain  of  Police  of  said 
town,  to  suppress,  restrain,  or  discontinue  the  same ;  every  in- 
mate of  such  place,  and  every  boarder  or  employe  of  such  keeper, 
owner,  or  landlord,  or  other  person  residing  in  or  connected 
with  the  keeping  of  any  such  house  or  place,  and  aiding  in  the 
keeping  or  maintaining  of  any  such  house  or  place,  shall,  on 
conviction,  be  fined  in  a  sum  not  less  than  ten  dollars,  nor  more 
than  two  hundred  dollars,  for  each  offense. 

SEC.  27.  If  the  owner,  proprietor,  landlord  or  keeper  of, 
or  any  person  within  any  common,  ill-governed  or  disorderly 
house,  bawdy  house,  house  of  ill  fame,  assignation  house,  or 
place  for  the  practice  of  fornication,  referred  to  in  Section  26 
of  this  ordinance,  shall  refuse  to  permit  the  Supervisor,  or  any 
member  of  the  Board  of  Trustees,  Constable,  or  any  policeman 
of  said  town  to  enter  such  house  or  place,  it  shall  be  lawful  for 
any  of  said  officers,  with  or  without  the  assistance  of  any  of  the 
inhabitants  of  said  town,  to  enter,  or  cause  to  be  entered,  any 
such  house  or  place  by  force,  by  breaking  the  door  or  otherwise, 
and  to  arrest,  with  or  without  warrant,  all  suspicious  persons 
found  therein. 


44  MISDEMEANORS. 

SEC.  28.  No  person  shall  play  for  money  or  other  valuable 
thing,  at  any  game  with  cards,  dice,  checks,  or  at  billiards,  or 
with  any  other  article,  instrument  or  thing  whatever,  which 
may  be  used  for  the  purpose  of  playing  or  betting  upon,  or  win- 
ning or  losing  money,  or  anything  of  value,  nor  shall  bet  on 
any  game  they  or  others  may  be  playing,  or  who  shall  trot  or 
race  any  horse  or  horses  on  a  stake,  bet  or  wager  money  or  other 
valuable  thing  upon  a  trotting  match  or  horse  race,  within  the , 
corporate  limits  of  said  town;  every  such  person  or  persons  shall, 
on  conviction,  be  fined  for  each  offense  so  committed,  not  less 
than  five  nor  more  than  two  hundred  dollars. 

SEC.  29.  No  person  shall  keep  a  common  gaming  house,  or 
in  any  building,  place,  booth,  yard,  garden,  boat  or  float,  by 
him  or  his  agent  used  and  occupied,  procure  or  permit  any  per- 
sons to  frequent  or  to  come  together  to  play  for  money,  or  other 
valuable  thing,  at  any  game,  nbr  shall  keep  or  suffer  to  be  kept 
any  tables  or  other  apparatus  for  the  purpose  of  playing  at  any 
game  or  sport  for  money,  or  any  valuable  thing,  nor  shall  keep 
or  rent  any  such  place  for  any  such  purpose. 

SEC.  30.  No  person  shall  keep,  maintain,  direct  or  manage, 
or  aid  in  the  keeping,  maintaining,  directing  or  managing  of 
any  lottery  for  the  drawing  or  disposing  of  money  or  any  other 
property  or  thing  whatever. 

SEC.  31.  No  person  shall  manage,  use  or  practice  any  game 
or  device  whatever,  with  intent  to  cheat  or  defraud  another,  or 
practice  or  attempt  to  practice  what  is  known  as  the  confidence 
game. 

SEC.  32.  Any  person  who  shall  wilfully  cut,  tear,  mar, 
mutilate,  deface  or  tear  down  any  legal  notice  or  copy  of  any 
ordinance  of  said  town,  posted  u£  in  any  public  place  in  said 
town,  by  any  authorized  officer  of  said  town,  or  by  the  order  or 
authority  of  the  Board  of  Trustees,  or  procure  the  same  to  be 
done  before  such  notice  or  copy  shall  have  remained  posted  for 
at  least  ten  days,  shall,  on  conviction,  forfeit  and  pay  a  penalty 
of  ten  dollars  for  each  offense. 


MISDEMEANORS.  45 

SEC.  33.  No  person  shall  suffer  or  permit  any  cattle  to  pas- 
ture on  any  highway,  alley,  park  or  public  ground,  nor  shall 
any  cattle  be  allowed  to  stop  for  the  purpose  of  pasturing  while 
the  same  are  being  driven  in  a  drove  or  herd. 

SEC.  34.  No  person  being  the  owner  or  having  the  charge 
of  swine,  shall  suffer  the  same  to  run  or  be  at  large. 

Sflfc.  35.  No  person  shall  break  open,,  or  in  any  manner, 
directly  or  indirectly,  aid  or  assist  in  or  counsel  or  advise  the 
breaking  open  of  any  pound. 

SEC.  36.  No  owner  or  possessor  of  a  fierce  or  dangerons 
dog  or  slut,  shall  permit  the  same  to  be  or  run  at  large. 

SEC.  37.  No  person  shall  use  any  sport  or  exercise  likely 
to  scare  horses,  injure  passengers,  or  obstruct  the  passage  of 
vehicles. 

SEC.  38.  No  person  shall  keep  or  leave  open  any  cellar 
door  or  grating  of  any  vault,  on  any  highway  or  sidewalk,  or 
suffer  the  same  to  be  left  or  kept  open,  or  shall  suffer  any 
sidewalk  in  front  of  his  premises  to  become  or  continue  so 
broken  as  to  endanger  life  or  limb. 

SEC.  39.  That  any  gates,  doors  or  appliances  entering  any 
lot,  shop  or  building  from  the  public  streets,  if  on  a  line  with 
said  streets,  shall  be  so  hung  as  to  swing  inwardly,  or  so 
arranged  by  springs  or  other  appliances  as  to  leave  the  side- 
walk free  from  all  obstructions,  by  said  gates,  doors,  etc. 

SEC.  40.  All  scaffolds  erected  in  this  town,  for  use  in  the 
erection  of  stone,  brick,  or  other  buildings,  shall  be  well  and 
safely  supported,  and  be  of  sufficient  width  and  properly 
secured,  so  as  to  insure  the  safety  of  persons  working  thereon, 
or  passing  under  or  by  the  same,  against  the  falling  thereof, 
or  of  such  materials  as  may  be  used,  placed  or  deposited  there- 
on ;  any  scaffold  which  may  be  otherwise  erected  shall  be 
declared  a  nuisance ;  and  any  person  who  shall  erect  or  use, 
or  cause  to  be  erected  or  used,  any  scaffold  contrary  to  the 
provisions  hereof,  shall,  on  conviction,  be  fined  not  less  than 


46  MISDEMEANORS. 

five  dollars,  and  not  exceeding  one  hundreddollars,  and  to  a 
like  fine  for  every  day  the  same  shall  remain  after  notice  given 
by  any  policeman  of  said  town  to  remove  or  reconstruct  the 
same. 

SEC.  41.  If  any  person  shall  wantonly  or  wilfully  throw  or 
cast  any  stone  or  other  missile  at  any  person,  or  at  any  building, 
telegraph  line,  tree,  or  other  public  place,  or  inclosed  or  unin- 
closed  ground,  or  at  any  horse  or  other  animal,  or  at  any  rail- 
way train,  car,  carriage,  or  other  vehicle,  or  person  or  persons 
therein,  within  the  limits  of  said  town,  or  aid  or  abet  in  such 
throwing  or  casting,  such  person  shall,  on  conviction,  forfeit 
and  pay  the  said  town  a  fine  of  not  less  than  one  nor  more 
than  twenty-five  dollars  for  each  offense. 

SEC.  42.  No  person  shall  carelessly  or  maliciously  break, 
deface,  or  in  any  way  injure  or  destroy  any  public  lamp  or 
lamp-post  in  this  town,  nor  climb  upon  nor  hitch  any  animal 
to  any  lamp-post,  or  hang  or  place  any  goods  or  merchandise 
thereon,  or  place  any  goods,  boxes,  wood,  or  any  other  heavy 
material  upon  or  against  the  same,  or  shall  extinguish  or  cause 
to  be  extinguished,  or  cause  to  be  lighted  any  of  said  lamps 
unless  duly  authorized  so  to  do. 

SEC.  43.  No  person  shall  raise  or  fly  a  kite,  in  any  part 
of  any  street,  avenue,  or  alley  of  this  town,  under  a  penalty 
of  one  dollar  for  every  offense. 

SEC.  44.  No  person  shall  sell,  or  offer  to  sell,  or  dispose 
of  any  impure,  unwholesome,  adulterated  or  diluted  milk. 

SEC.  45.  No  person  shall  sell,  or  offer  to  sell,  any  ema- 
ciated, tainted,  putrid,  decayed,  or  unwholesome  meat,  fruit, 
vegetables,  or  provisions. 

SEC.  46.  No  person  shall  sell  any  impure  ice,  or  any  ice 
which  shall  contain  filth  or  any  other  matter,  substance  or 
thing  which,  when  melted,  will  render  the  water  impure,  or 
the  use  of  the  same  unhealthful. 

SEC.  47.     No  person  shall  burn  any  standing  hay  or  grass, 


MISDEMEANORS.  47 

nor  set  fire  to  nor  burn  any  leaves  or  other  combustible  mat- 
ter in  any  street,  alley,  park,  or  public  ground. 

SEC.  48.     No  person  shall  burn  or  set  fire  to  any  combus- 
tible matter  within  the  limits  of  the  town,  nearer  than  one 
hundred  feet  to  any  house,  fence,  barn,  shed,  or  wooden  build- 
ing, unless  by  the  written   permission  of  the   Supervisor  or' 
Captain  of  Police. 

SEC.  49.  No  person  shall  allow  or  suffer  any  dog,  horse  or 
other  animal  belonging  to  him,  or  in  his  charge,  which  may 
have  come  to  its  death,  to  lie  upon  any  street,  alley,  road,  or 
other  ground,  or  public  or  private  place. 

SEC.  50.  No  person,  except  peace  officers,  shall  carry  or 
wear  under  their  clothes,  or  concealed  about  their  person,  any 
pistol,  revolver,  slung-shot,  knuckles,  bowie-knife,  dirk -knife, 
dirk,  dagger,  or  any  other  dangerous  or  deadly  weapon,  except 
by  written  permission  of  the  Captain  of  Police  or  Board  of 
Trustees. 

SEC.  51.  Any  such  weapon,  duly  adjudged  by  a  competent 
court  to  have  been  worn  or  carried  by  any  person  in  violation 
of  the  last  section,  shall  be  forfeited  or  confiscated  to  the  Town 
of  Lake  View,  in  addition  to  other  penalties  provided. 

SEC.  52.  All  persons  who  are  idle  and  dissolute,  and  who 
go  about  begging,  or  place  themselves  in  any  highway  to  beg 
or  receive  alms,  all  persons  who  use  any  juggling  or  other  un- 
lawful games  or  plays,  runaways,  pilferers,  confidence  men, 
common  drunkards,  prostitutes,  common  night  walkers,  lewd, 
wanton  and  lascivious  persons  in  speech  and  behavior,  common 
railers  and  brawlers,  persons  who  are  habituully  neglectful  of 
their  employment  or  calling,  and  who  do  not  lawfully  provide 
for  themselves  or  the  support  of  their  families,  and  all  persons 
who  are  idle  and  dissolute,  and  who  neglect  all  lawful  business, 
and  who  habitually  mis-spend  their  time  by  frequenting  houses 
of  ill-fame,  gaming  houses,  or  tippling-houses,  all  persons  lodg- 
ing in  or  found  in  the  night  time  in  railway  or  other  cars,  out 
houses,  sheds,  barns  or  unoccupied  buildings,  or  lodging  in  the 


48  MISDEMEANORS. 

open  air,  and  not  giving  a  good  account  of  themselves,  and  all 
persons  who  are  known  to  be  thieves,  burglars  or  pickpockets, 
either  by  their  own  confession  or  otherwise,  or  by  having  been 
convicted  of  larceny,  burglary  or  other  crime  against  the  laws 
of  the  State,  punishable  by  imprisonment  in  the  State's  prison 
or  in  a  house  of  correction  in  any  city,  and  having  no  lawful 
means  of  support,  are  habitually  found  prowling  around  any 
steamboat  landing,  railroad  depot,  banking  institution,  broker's 
office,  place  of  public  amusement,  auction-room,  store,  shop,  or 
crowded  thoroughfare,  car  or  omnibus,  or  at  any  public  gather- 
ing or  assembly,  or  lounging  about  any  court  room,  private 
dwelling-house,  or  out-house,  or  unoccupied  buildings,  or  are 
found  in  any  house  of  ill-fame,  gambling-house,  or  tippling- 
house,  shall  be  deemed  to  be,  and  they  are  hereby  declared  to 
be  vagabonds. 

It  shall  be  the  duty  of  any  member  of  the  Board  of  Trustees, 
or  any  policeman  of  the  Town  of  Lake  View,  to  arrest  upon 
view  any  of  the  persons  hereinbefore  described ;  and  it  shall  be 
the  duty  of  any  policeman  of  the  town,  at  the  request  of  any 
person  (provided,  such  person  shall  have  first  made  a  written^ 
complaint  and  obtained  a  warrant  from  an  officer  authorized  to 
issue  one  for  the  arrest  of  any  such  vagabond),  to  arrest  and 
bring  before  the  nearest  justice  or  police  magistrate  any  such 
vagabond,  wherever  he  may  be  found,  for  the  purpose  of  an 
examination  ;  and  the  said  officer  making  said  arrest  shall  then 
and  there  make  written  complaint  against  said  vagabond,  un- 
less a  complaint  has  already  been  made  in  the  case ;  and  the 
said  justice  or  police  magistrate  before  whom  any  such  vaga- 
bond shaH  be  brought,  shall,  within  thirty-six  hours,  proceed 
to  try  said  person  accused  of  being  a  vagabond;  and  if  he  pleads 
guilty,  or  if  he  be  found  guilty,  the  said  accused  person 
shall,  on  conviction,  forfeit  and  pay  a  fine  of  not  less  than 
twenty  dollars,  nor  more  than  two  hundred  dollars,  and  costs 
of  suit ;  and  in  default  of  the  immediate  payment  of  said  fine 
and  costs  so  imposed,  said  vagabond  shall  immediately  be  sen- 
tenced by  said  magistrate  to  hard  labor  upon  the  streets,  ave- 


MISDEMEANORS.  49 

nues,  alleys  or  public  grounds,  or  public  works  of  the  Town  of 
Lake  View,  or  in  and  about  the  calaboose  of  said  town,  not  less 
than  five  days,  nor  more  than  six  months ;  said  vagabond  to 
labor  ten  hours  of  each  working  day,  under  the  supervision  of 
a  Street  Commissioner  of  said  town,  and  the  balance  of  the 
time  to  be  confined  in  the  town  calaboose ;  or  the  said  magis- 

7  O 

trate,  in  lieu  of  the  above  sentence  to  hard  labor  of  said  vaga- 
bond, may  issue  a  mittimus  directing  the  imprisonment  of  said 
vagabond  in  the  county  jail  for  six  months,  or  until  said  fine 
and  costs  shall  be  fully  paid;  said  imprisonment  not  to  continue 
longer  than  six  months  for  any  one  offense,  in  accordance  with 
the  provision  of  section  sixty-eight  of  chapter  twenty-four  of 
the  Revised  Statutes  of  1874. 

SEC.  53.  No  person  shall  remove  or  cause  to  be  removed, 
or  aid  or  assist  in  removing,  any  building  in,  or  into  the  Town 
of  Lake  View,  or  into,  along  or  across  any  public  street,  alley 
or  grounds  in  said  town,  without  first  obtaining  a  permit  for 
that  purpose  from  the  Supervisor  or  Board  of  Trustees.  Any 
person  violating  any  of  the  provisions  of  this  section  shall,  on 
conviction,  be  fined  not  less  than  twenty-five  dollars  nor  more 
than  two  hundred  dollars  for  each  offense. 

SEC.  54.  No  person  shall  deface,  mutilate,  remove  or  de- 
stroy, or  shall  counsel,  aid  or  assist  in  defacing,  mutulating, 
removing  or  destroying,  any  sign  or  placard  placed  upon  any 
property  by  the  owner  or  agent  thereof  for  the  purpose  of  in- 
dicating that  the  same  is  for  sale  or  rent,  or  forbidding  tres- 
passing thereon,  except  the  owner  or  agent  thereof. 

SEC.  55.  No  person  or  persons  shall  play  any  game  of  base 
ball  or  other  similar  game  in  the  Town  of  Lake  View  on  Sun- 
day, or  assist  in  playing  any  such  game  on  said  day,  under  a 
penalty  of  not  less  than  two  dollars,  nor  more  than  twenty  dol- 
lars for  each  offense. 

SEC.  56.  All  teamsters  or  drivers  in  the  Town  of  Lake 
View,  or  those  who  are  teaming  or  driving  therein,  are  hereby 
required  to  hold  the  reins  of  their  team  and  walk  close  to  their 


50  MISDEMEANORS. 

team,  or  while  seated  on  their  wagon  or  other  vehicle,  and  all 
drivers  or  teamsters  who  shall  fail  to  hold  the  reins,  while  so 
walking  by  their  team  or  seated  on  their  wagon,  shall  be  deemed 
the  author  of  a  misdemeanor,  and  shall,  on  conviction,  be  fined 
not  less  than  one  dollar  nor  more  than  five  dollars  for  each 
offense. 

SEC.  57.  No  person  shall  obstruct  any  street,  avenue  or 
public  highway,  by  allowing  teams,  wagons,  sleighs  or  other 
vehicles,  whether  loaded  or  not,  to  remain  thereon,  nearer  than 
eight  feet  from  each  side  of  the  center  thereof,  so  as  to  leave  a 
clear  sixteen  feet  of  space  in  the  center  of  such  highway,  for 
passage  each  way,  or  by  stopping  on  any  crosswalk. 

SEC.  58.  No  person  who  is  in  or  proceeding  with  any  fu- 
neral or  funeral  procession,  going  to  any  cemetery,  shall  stop 
at  any  saloon  or  other  place  where  brandy,  wine,  ale,  beer  or 
fermented  or  mixed  liquors  are  for  sale,  and  drink  any  of  said 
beverages  at  such  place.  Provided,  nothing  in  this  section 
shall  be  construed  so  as  to  prevent  any  person  from  stopping 
and  drinking  as  aforesaid,  when  he  does  not  proceed  further 
with  such  funeral  or  procession. 

SEC.  59.  It  shall  be  the  duty  of  the  owner,  driver  or  man- 
ager, and  each  of  them,  of  any  night-scavenger  wagon,  driving 
in  or  through  the  Town  of  Lake  View  in  the  night  time,  al- 
ways to  keep  upon  each  side  of  such  night-scavenger  wagon  a 
lighted  lamp,  with  plain  glass  front  and  sides,  with  the  unmber 
of  the  license  of  such  wagon,  painted  with  black  paint,  on  the 
sides  and  front  of  each  of  said  lamps,  in  distinct  and  legible 
figures,  at  least  two  inches  in  size,  and  so  placed  that  said 
lamps  may  be  distinctly  seen,  and  said  number  easily  read  in 
any  of  the  highways  or  premises  adjacent  thereto ;  every  viola- 
tion of  this  section  shall,  on  conviction,  be  punished  by  a  fine 
of  not  less  than  five  dollars  nor  more  than  one  hundred  dol- 
lars. 


MISDEMEANORS.  51 

SEC.  60.  Each  and  every  person  who  shall,  within  the 
corporate  limits  of  said  town  obstruct,  hinder  or  prevent  the 
Supervisor  or  any  member  of  the  Board  of  Trustees,  any  police- 
man or  other  officer  of  said  town,  in  the  discharge  of  any  duties 
imposed  on  him  by  the  act  under  which  said  town  is  incorpo- 
rated, or  any  of  the  ordinances  of  said  town,  or  in  the  lawful 
exercise  of  any  authority  granted  to  him  by  such  act  or  ordi- 
nance, shall,  on  conviction,  forfeit  and  pay  said  town  a  sum  not 
less  than  ten  dollars,  nor  more  than  two  hundred  dollars,  for 
each  offense. 

SB*:.  61.  Every  person  convicted  under  the  provisions  of 
this  chapter,  upon  whom  any  fine  or  penalty  shall  be  imposed, 
may  be,  on  the  order  of  the  court  or  magistrate  before  whom 
the  conviction  is  had,  committed  to  the  town  calaboose  or  jail, 
and  may  be  required  to  work  for  the  Town  of  Lake  View,  at 
such  labor  as  his  strength  will  permit,  within  or  without  such 
calaboose  or  jail,  not  exceeding  ten  hours  each  working  day ; 
and  for  such  work,  the  person  so  employed  shall  be  allowed, 
exclusive  of  his  board,  two  dollars  per  day  for  each  day's  work, 
on  account  of  such  fine  and  cost. 

SEC.  62.  Every  person  who  shall  violate  any  section,  pro- 
vision or  clause  of  this  chapter,  shall  be  fined,  on  conviction,  a 
sum  not  less  than  ten  dollars,  nor  more  than  two  hundred  dol- 
lars, except  for  violations  of  such  sections  thereof  as  provide 
the  penalty  for  a  violation  thereof,  and  as  to  such  sections  the 
penalty  shall  be  as  therein  stated. 

SEC.  63  A  misdemeanor,  in  the  meaning  of  this  chapter, 
is  any  act  or  omission  forbidden  by  this  chapter. 


52  NUISANCES. 


CHAPTER   XIII. 
NUISANCES. 


1.  Fifteen  things  declared  to  be 

2.  Rendering  establishments. 

3.  Refuse  matter. 

4.  Animal  matter,  conveyance. 
5  and  6.  Manufacturing  fertiliz- 
ers. 


7.  Premises  in  filthy  condition. 

8.  Keeping  swine. 

9.  Slaughtering  animals. 

10.  Cemetery  vaults. 

11.  Abating  nuisances. 

12.  Penalty. 


SECTION  1.     It  is  hereby  declared  to  be  a  nuisance : — 

First. — To  so  negligently  conduct  any  business  or  use  any 
premises  as  to  create  such  an  offensive  smell  as  may  taint  the 
air,  and  render  it  unwholesome  or  disagreeable  to  others. 

Second. — To  cause  or  suffer  the  carcass  of  any  animal,  or 
any  offal,  filth  or  noisome  substance  to  be  collected,  deposited 
or  to  remain  in  any  place,  to  the  prejudice  of  others. 

Third. — To  throw  or  deposit  any  offal  or  other  offensive  mat- 
ter, or  the  carcass  of  any  animal,  in  any  water-course,  lake, 
pond,  spring  or  well. 

Fourth. — To  deposit  any  night  soil,  dead  animal,  or  other 
filthy,  offensive  or  noisome  substance  upon  any  lot,  street,  al- 
ley, highway,  park  or  other  place. 

Fifth. — To  corrupt  or  render  unwholesome  or  impure  the 
water  of  any  spring,  well,  river,  stream,  pond  or  lake,  to  the 
injury  or  prejudice  of  others. 

Sixth. — To  obstruct  or  impede,  without  legal  authority, 
the  passage  of  any  navigable  river  or  waters. 

Seventh. — To  obstruct  or  encroach  upon  public  highways, 
private  ways,  streets,  alleys,  commons,  wharves  and  landing 
places. 

Eighth. — To  establish,  maintain  and  carry  on  any  offensive 
or  unwholesome  business  within  the  limits  of  the  Town  of  Lake 
View,  or  within  one  mile  of  the  limits  thereof. 


NUISANCES.  53 

Ninth. — To  establish  a  cemetery  within  the  corporate  limits 
of  the  Town  of  Lake  View,  or  within  one  mile  of  the  limits 
thereof,  in  violation  of  any  ordinance  of  the  Town  of  Lake 
View,  or  in  violation  of  the  provisions  of  an  act  of  the  General 
Assembly  of  the  State  of  Illinois,  entitled  "  An  Act  to  amend 
the  charter  of  the  Town  of  Lake  View,  in  Cook  County,"  ap- 
proved March  29th,  1869,  or  the  provisions  of  an  act  of  said 
said  General  Assembly  entitled  "An  Act  to  preserve  the  shore 
of  Lake  Michigan  for  residences,"  approved  March  30th,  1869. 

Tenth. — For  any  person  to  permit  or  suffer  any  offal,  filth, 
refuse,  amimal  or  vegetable  matter,  which  is  liable  to  become 
putrid,  or  offensive,  or  injurious  to  health,  to  remain  on  any 
premises  used  or  occupied  by  him  for  a  longer  period  than  four 
hours  at  any  one  time. 

Eleventh. — To  keep  or  suffer  to  be  kept  in  a  foul,  offensive, 
nauseous  or  filthy  condition,  any  railroad  car,  building,  yard, 
grounds  or  premises. 

Twelfth. — To  own,  keep  or  use  any  railroad  car,  yard,  pen, 
place  or  premises,  in  or  upon  which  cattle  or  swine  shall  be 
confined  or  kept,  so  as  to  be  offensive  to  those  residing  in  the 
vicinity,  or  an  annoyance  to  others. 

Thirteenth. — To  erect,  continue  or  use  any  building  or  other 
place  for  the  exercise  of  any  trade,  employment  or  manufacture 
which,  by  occasioning  noxious  exhalations,  offensive  smells,  or 
otherwise  is  offensive  or  dangerous  to  the  health  of  individuals, 
or  of  the  public. 

Fourteenth. — To  locate,  without  first  having  obtained  per- 
mission of  the  Board  of  Trustees  to  do  so,  any  packing  house, 
renderies,  tallow  chandleries,  bone  factories,  glue  factories,  soap 
factories  and  tanneries  within  the  limits  of  the  town,  and  within 
the  distance  of  one  mile  without  the  town  limits. 

Fifteenth. — To  locate,  without  first  having  obtained  per- 
mission of  the  Board  of  Trustees  to  do  so,  any  brewery,  dis- 
tillery, livery  stable,  blacksmith  shop  and  foundry  within  the 
limits  of  the  town. 


54  NUISANCES. 

SEC.  2.  All  premises  within  the  town,  kept,  occupied  or  used 
for  the  purposes  of  steaming,  boiling,  reducing  or  rendering  in 
any  manner  of  any  offal,  tainted  or  damaged  lard  or  tallow,  or 
the  steaming  or  rendering  of  any  animal  substances,  when  the 
same  is  or  may  be  kept,  occupied  or  used  in  such  manner  as  to 
occasion  any  offensive  smell,  or  to  so  taint  the  air  as  to  render 
it  unwholsome  or  offensive  to  the  smell,  are  severally  declared 
to  be  nuisance. 

SEC.  3.  No  person  shall  use,  or  own,  or  occupy  any  pack- 
ing house,  distillery,  rendering  establishment,  tallow  chandlery, 
bone  factory,  glue  factory,  soap  factory  or  tannery,  who  shall 
cause  or  suffer  any  offal,  filth,  refuse,  foul  or  nauseous  liquor, 
or  other  offensive  matter  liable  to  become  offensive,  to  be  dis- 
charged out  of,  or  flow  from,  any  such  premises  into  Lake 
Michigan,  or  into  any  slough  within  the  jurisdiction  of  the  said 
town,  or  in  or  upon  any  highway,  street,  alley,  public  square, 
vacant  lands,  wharf,  dock,  river  or  lake  shore. 

SEC.  4.  Any  person  who  shall  cause  animal  matter  or  offal 
to  be  brought  into  the  Town  of  Lake  View  for  the  purpose  of 
manufacturing  the  same  into  agricultural  fertilizers  or  other 
product,  or  who  shall  aid  or  assist  therein,  shall  transport  the 
same  in  close,  tight  and  covered  cars  or  boxes,  and  shall  deposit 
the  same  in  close,  tight  and  covered  bins,  so  that  no  unwhole- 
some or  offensive  odor  shall  escape  therefrom. 

SEC.  5.  Every  person  engaged  in  manufacturing  animal 
matter,  or  offal,  into  a  fertilizer,  or  other  product,  within  the 
town,  shall,  before  the  rendition  thereof,  thoroughly  deodorize 
the  same,  by  the  application  of  salts,  acids,  or  other  chemicals, 
so  that  the  same  shall  not  be  offensive. 

SEC.  6.  Persons  engaged  in  rendering,  reducing  or  manu- 
facturing animal  matter  or  offal  into  agricultural  fertilizer  or 
other  product,  shall  not : 

First.  Accumulate  at  any  one  place  within  the  jurisdiction 
of  the  town  animal  matter,  or  offal,  exceeding  one  hundred  tons, 
or  blood  exceeding  one  thousand  gallons. 


NUISANCES.  55 

Second.  Deposit  within  the  limits  of  the  town  any  meat  or 
offal  in  an  offensive  or  putrid  condition. 

Third.  Permit  or  suffer  any  animal  matter  or  offal  to  re- 
main on  premises  occupied  or  used  by  them  for  a  longer  period 
than  twenty-four  hours  before  the  actual  rendition  or  manufac- 
ture thereof. 

Fourth.  Use  or  be  employed  in  any  factory  or  other  place 
for  such  purpose  between  the  first  day  of  April  and  the  first 
day  of  November. 

SEC.  7.  The  owner  or  person  in  charge  or  possession  of  any 
grocery,  cellar,  soap  or  tallow  chandlery,  tannery,  stable,  pig- 
sty, privy,  sewer  or  premises  found  to  be  in  a  filthy,  nauseous, 
offensive  or  unwholesome  condition,  or  any  other  unwholesome 
or  nauseous  building  or  place,  shall  immediately  clean,  abate  or 
remove  the  same  upon  being  notified  so  to  do  by  any  officer  or 
policeman  of  the  town. 

SEC.  8.  No  person  shall  keep  or  suffer  to  be  kept,  any 
swine  in  any  enclosure  or  pen  within  the  distance  of  two  hun- 
dred feet  of  any  dwelling-house  other  than  his  own,  and  any 
person  so  keeping  or  suffering  to  be  kept  in  any  pen  or  enclo- 
sure on  his  premises  any  swine  contrary  to  the  foregoing  pro- 
vision, shall  be  deemed  the  author  of  a  nuisance. 

SEC.  9.  No  person  shall  kill  or  slaughter  any  neat  cattle, 
hogs  or  sheep,  or  keep,  maintain  or  use  therein  any  house  or 
place  in  which  the  business  of  slaughtering  any  of  said  animals 
may  be  carried  on,  without  first  having  obtained  a  license  so 
to  do  from  the  Board  of  Trustees ;  and  every  person  violating 
any  of  the  provisions  of  this  section  shall  be  deemed  guilty  of 
a  nuisance,  except  the  owner  of  animals  may  slaughter  them 
for  his  own  use,  upon  his  own  premises  without  such  license. 

SEC.  10.  The  leaving  open  of  any  cemetery  vaults  or  other 
receptacles  for  the  dead,  containing  dead  bodies  so  far  decom- 
posed as  that  the  exhalations  therefrom  taint  the  air,  to  the 
annoyance  or  discomfort  of  any  of  the  inhabitants  of  the  town, 


56 


NUISANCES. 


is  hereby  declared  a  nuisance ;  and  any  person  violating  this 
section,  and  producing  such  nuisance,  shall,  on  conviction,  be 
punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more  than 
two  hundred  dollars. 

SEC.  11.  Whenever  any  nuisance  exists  or  shall  be  found 
on  any  premises  within  the  town  contrary  to  any  ordinance  of 
said  town,  the  Supervisor  is  hereby  authorized,  in  his  discre- 
tion, to  cause  the  same  to  be  summarily  abated,  in  such  man- 
ner as  he  may  direct. 

SEC.  12.  Whoever  violates  any  clause,  section  or  provision 
of  this  chapter  shall,  on  conviction,  be  fined  not  less  than  five 
dollars  and  not  exceeding  two  hundred  dollars,  and  may  in 
addition,  in  the  discretion  of  the  justice  or  magistrate,  be 
imprisoned  not  exceeding  six  months,  except  where  the  pun- 
ishment is  provided  for  in  the  section  violated,  and  in  such 
case  said  person  shall  be  punished  as  therein  specified. 


C'HAPTER   XIV. 
ACTIONS,  ARRESTS,  TRIALS  AND  PUNISHMENTS. 


1.  Actions,  how  brought. 
2  and  3.  Statement. 

4.  Debt. 

5.  Different  offenses. 

6.  Form  of  summons. 

7.  Complaint  for  warrant. 

8.  Form  of  warrant. 

9.  Arrest  without  process. 

10.  Officers  act  like  constables. 

11.  Who  make  arrests. 

12  and  13.  Custody  of  prisoners. 
14  and  15.  Special  bail. 


16.  Judgment  against  surety. 

17.  Manner  of  trial. 

18.  Jury. 

19.  Officers  as  witnesses. 

20.  Judgment  on  verdict. 

21.  Judgment  entered  on  docket 

22.  Trial  by  jury. 

23.  Commitment  and  mittimus. 

24.  Bond,  how  executed. 

25.  Imprisonment  till  fine  paid. 

26.  Not  compromise  offense. 

27.  Penalty. 


SECTION  1.  Actions,  suits  and  prosecution  for  the  violation 
of  any  Town  Ordinance,  may  be  prosecuted  in  the  name  of 
the  "Town  of  Lake  View,"  before  the  Police  Magistrate  or 


ACTIONS,  ARRESTS,  TRIALS  AND  PUNISHMENTS.  57 

any  Justice  of  the  Peace  of  the  County  of  Cook  and  State  of 
Illinois,  and  any  other  court  having  jurisdiction  thereof  by 
law. 

SEC.  2.  Before  any  suit  shall  be  brought  in  the  name  of 
the  Town  of  Lake  View,  for  the  recovery  of  any  fine,  penalty 
or  forfeiture,  except  in  cases  of  arrest  without  process,  the 
person  prosecuting,  or  some  one  on  his  behalf,  shall  file  a  writ- 
ten statement,  signed  by  him,  substantially  as  follows : 


A B ,  To  the  Town  of  Lake  View,  Dr., 

To  $ ,  for  breach  of  Section ,  of  Chapter  num- 
ber  entitled — of  Ordinances.  In  this,  to  wit, 

(here  in  general  terms  describe  the  particular  breach  substantially 

in  the  language  of  the  ordinance):   on  or  about  the 

day  of — ,  A.  D.  18—. 

( Signed )  C D — 

SEC.  3.  The  statement  may  include  several  persons  charged 
with  the  same  violation  of  any  ordinance.  No  suit  shall  be 
dismissed  for  any  defect  of  form  in  the  statement  if  it  substan- 
tially sets  forth  the  nature  of  the  violation  alleged.  All  papers 
and  processess  may  be  amended  to  show  the  fact  in  the  discre- 
tion of  the  court  before  whom  the  action  is  pending. 

SEC.  4.  All  fines,  forfeitures,  penalties  and  costs  imposed 
against  any  person  by  any  ordinance  for  the  breach  thereof, 
may  be  recovered  by  suit  in  debt,  and  judgment  may  be  ren- 
dered and  collected  by  execution  or  other  process,  and  all  fines 
and  money  so  collected  shall  be  paid  to  the  Town  Treasurer 
within  ten  days  after  its  collection.  In  all  actions  and  suits 
for  the  violation  of  any  ordinance,  the  first  process  shall  be  a 
summons,  where  arrest  upon  view,  without  process,  is  not 
made,  or  a  warrant  is  not  issued. 

SEC.  5.  No  prosecution,  recovery  or  acquittal  for  the  vio- 
lation of  any  ordinance  shall  constitute  a  defense  to  any  other 
prosecution  of  the  same  party  for  any  other  violation  of  any 
such  ordinance,  although  the  different  causes  of  action  existed 
at  the  same  time,  and  if  united,  would  not  have  exceeded  the 
jurisdiction  of  the  court,  justice  or  magistrate. 


58  ACTIONS,  ARRESTS,  TRIALS  AND  PUNISHMENTS. 

SEC.  6.     Summons  shall  be  in  the  following  form : 

STATE  OF  ILLINOIS,  \ 
COOK-  COUNTY.          ) 

The  people  of  the  State  of  Illinois,  to  the  Captain  or  Sergeant 
of  Police,  or  any  policeman  or  special  policeman  or  constable  of 
the  Town  of  Lake  View,  or  any  constable  of  said  county ;  GREETING: 

You  are  hereby  commanded  to  summon  A B to  appear 

before  me  at  my  office  in  the  Town  of  Lake  View,  in  said  Cook 

County,  on  the day  of ,  A.  D.  18 — ,  at  —  o'clock,  —  M.,  to 

answer  the  complaint  of  the  Town  of  Lake  View,  for  a  failure  to 
pay  the  said  town  a  certain  demand  not  exceeding  two  hundred 

dollars,  incurred  by  violating  section of  chapter of  the 

Revised  Ordinances  of  the  Town  of  Lake  View ;  and  hereof  make 
due  return  as  the  law  directs. 

Given  under  my  hand  this day  of ,  A.  D.  18 — . 


P.  M.,  or J.  P. 


SEC.  7.  Whenever  any  person  shall  make  complaint  in 
writing,  verified  by  affidavit,  to  the  Police  Magistrate,  or  any 
Justice  of  the  Peace,  or  court,  as  aforesaid,  and  shall  state  in 
said  complaint  that  any  ordinance  of  said  town,  or  any  section 
or  provision  of  the  Revised  Ordinances  thereof,  has  been  vio- 
lated, and  that  he,  the  complainant,  has  reasonable  grounds  to 
believe  that  the  person  charged  in  such  complaint  with  such 
violation  is  guilty  thereof,  said  magistrate,  or  justice,  or  judge 
may  issue,  in  the  first  instance,  a  warrant  for  the  arrest  of  the 
person  so  charged. 

SEC.  8.  Warrants  shall  be  in  the  following  form,  as  near 
as  may  be : 

STATE  OF  ILLINOIS,  \ 

COOK  COUNTY.          J  8Sl 

The  people  of  the  State  of  Illinois  to  the  Captain  or  Sergeant  of 
Police,  or  any  policeman  or  special  policeman  of  the  Town  of  Lake 
View,  or  any  constable  of  said  county;  GREETING: 

Whereas,  complaint  in  writing,  verified  by  affidavit,  has  been 

made  by to  the  undersigned,  Justice  of  the  Peace  of  the 

Town  of  Lake  View,  in  said  Cook  County,  charging  that  Section  — 

of  Chapter of  the  Revised  Ordinances  of  the  Town  of  Lake 

View,  has  been  violated  on  the day  of ,  A.  D.  18 — ,  at 

and  within  the  corporate  limits  of  the  said  Town  of  Lake  View, 


ACTIONS,  ARRESTS,  TRIALS  AND  PUNISHMENTS.  59 

by — ,  in  violation  of  said  Section of  Chapter of 

said  ordinances,  and  that  the  complainant  has  reasonable  grounds 

to  believe  that ,  the  person  charged  in  such  complaint 

with  such  violation,  is  guilty  thereof;    you  are  therefore  hereby 

commanded  to  take  the  body  of  A B —      —and  bring  him 

forthwith  before  me,  at  my  office  in  said  town,  to  answer  the  com- 
plaint of  the  Town  of  Lake  View,  for  a  failure  to  pay  said  town  a 
certain  demand  not  exceeding  two  hundred  dollars  for  the  viola- 
tion aforesaid ;  and  hereof  make  due  return  as  the  law  directs. 
Given  under  my  hand  this day  of—     — ,  A.  D.  18 — . 

,  P.  M.  or ,  J.  P. 


SEC.  9.  Whenever  any  person  shall  be  arrested  on  view, 
without  process,  and  shall  be  taken  before  any  court,  the  mag- 
istrate or  justice  shall  note  upon  his  docket  the  cause  of  such 
arrest,  as  stated  by  the  officer  making  the  arrest,  and  proceed 
to  hear  and  determine  the  cause  in  the  same  manner  as  if  the 
defendant  had  been  arrested  by  a  warrant. 

SEC.  10.  The  officers  who  shall  execute  any  writ  or  process 
shall  proceed  in  the  execution  of  their  duty  in  the  same  man- 
ner as  constables  are  required  to  proceed  under  the  laws  of  this 
State,  except  as  changed  by  this  chapter,  and  chapter  number 
15,  entitled  "Police." 

SEC.  11.  The  Supervisor  or  any  member  of  the  Board  of 
Trustees,  Captain  of  Police,  Sergeants  of  Police,  Policemen, 
and  Special  Policemen  are  hereby  severally  authorized  to  arrest, 
on  view,  with  or  without  process,  any  person  who  may  break 
the  peace  or  violate  any  section  or  provision  of  the  ordinances 
of  said  town,  and  to  take  such  person  forthwith  before  a  mag- 
istrate or  any  justice  whose  office  is  located  in  said  town. 

SEC.  12.  In  case  such  arrest  is  in  the  night,  or  on  Sunday, 
the  person  arresting  may  detain  the  person  arrested  in  custody 
over  night,  or  over  Sunday,  in  the  town  calaboose  or  any  safe 
place,  until  such  person  can  be  brought  before  said  magistrate 
or  justice  for  trial. 

SEC.  13.  In  all  cases  of  arrest  in  which  detention  in  cus- 
tody of  the  person  so  arrested  shall  be  authorized,  it  shall  be 


60  ACTIONS,  ARRESTS,  TRIALS  AND  PUNISHMENTS. 

the  duty  of  the  keeper  of  the  town  calaboose,  or  keeper  of  other 
place  of  confinement  provided  for  violators  of  said  ordinances, 
to  receive,  and  he  is  hereby  authorized  and  empowered  to  re- 
ceive, from  any  officer  legally  empowered  to  make  arrests,  any 
such  person,  and  to  safely  keep  him  until  he  can  be  safely 
brought  before  the  proper  court  and  be  tried  for  the  offense. 

SEC.  14.  If  for  any  cause  a  continuance  is  granted  a  defend- 
ant under  arrest,  he  may  give  special  bail  for  his  appearance 
before  the  court  by  endorsing  the  same  upon  the  back  of  the 
warrant  in  the  following  form,  to-wit : 

I,  C.  D.,  acknowledge  myself  bpecial  bail  for  the  within  named 
A.  B. 

Witness  my  hand  this day  of ,  A.  D.  18 — . 

C.  D. 
Approved : 

,  J.  P. 

which  endorsement  shall  be  signed  by  one  or  more  sureties,  to 
be  approved  by  the  court  to  whom  the  writ  is  returnable  or  be- 
fore whom  the  suit  is  pending. 

SEC.  15.     In  place  of  special  bail,  personal  property  and 
choses  in  action,  of  sufficient  value  to  satisfy  the  probable  judg 
ment  and  costs,  may,  in  tlie  discretion  of  the  court,  be  taken. 
In  such  case  the  following  shall  be  endorsed  upon  the  back  of 
the  warrant: 

I,  A.  B.,  pledge  the  following  property 

for  my  appearance  before  C.  D.,  Esq.,  J.  P.  or  P.  M.,  on  the day 

of A.  D.  18 ,  at o'clock .  M.  on  said  day,  and  to 

which  property  I  waive  all  exemption  rights. 

Witness  my  hand  this day  of —       — A.  D.  18 — . 

A.  B. 

Approved : 

,  /.  P. 

SEC.  16.  Upon  the  trial  of  any  cause  in  which  special  bail 
shall  have  been  given,  if  the  defendant  shall  be  found  guilty, 
judgment  shall  be  rendered  against  both  principal  and  surety 


ACTIONS,  ARRESTS,  TRIALS  AND  PUNISHMENTS.  61 

(in  the  special  bail)  for  the  amount  of  the  fine  assessed  by  the 
court  or  jury,  and  all  costs  that  may  have  accrued.  In  case 
personal  property  or  choses  in  action  were  given  in  lieu  of  spec- 
ial bail,  and  judgment  is  rendered  against  the  defendant,  exe- 
cution shall  issue  and  said  property  be  so!d  under  it.  Exemp- 
tion rights  shall  be  waived  by  making  such  pledge  of  said  prop- 
erty or  choses  in  action.  When  arrests  are  made  at  night,  or 
on  Sunday,  the  Captain  of  Police  may  take  special  bail,  in  form 
provided  by  this  chapter. 

SEC.  17.  The  manner  of  conducting  trials,  granting  contin- 
uances and  changes  of  venue,  subpoenaing  witnesses,  summon- 
ing and  impanneling  juries,  and  taking  appeals,  shall  be  the 
same  as  in  civil  cases  before  Justices  of  the  Peace,  except  that 
the  appeal  shall  be  taken  to  the  Criminal  Court  of  Cook 
County. 

SEC.  18.  In  all  cases  of  trial  for  violation  of  any  ordinance, 
either  party  may  have  the  cause  tried  by  a  jury,  if  he  shall  so 
demand  before  the  trial  is  entered  upon,  and  will  first  pay  the 
fees  of  the  jurors.  The  number  of  jurors  shall  be  six,  or  any 
greater  number  not  exceeding  twelve,  as  either  party  may  desire. 

SEC.  19.  All  officers  making  arrests  shall  attend  as  witnes- 
ses, before  the  court  where  the  trial  may  be  had,  and  shall  pro- 
cure all  necessary  evidence  in  their  power,  and  furnish  a  list  of 
witnesses  to  the  court ;  and  no  town  officer  shall  be  entitled  to 
any  witness  fee  to  be  taxed  against  the  town  in  any  action  for 
a  violation  of  any  ordinance  where  the  town  is  plaintiff.  No 
costs  of  any  kind  shall  be  taxed  against  or  collected  of  the  town, 
in  which  said  town  is  plaintiff,  in  any  suit  brought  for  the  vio- 
lation of  any  ordinance ;  but  the  court  may,  in  its  discretion, 
tax  and  give  judgment  for  such  costs  against  the  prosecuting 
witness. 

SEC.  20.  In  every  case  where  the  trial  for  the  breach  of  any 
ordinance  shall  be  by  jury,  the  court  shall  record  the  verdict. 
The  amount  of  the  fine,  penalty,  forfeiture,  imprisonment  or 
punishment,  the  limits  of  which  are  provided  by  any  ordinance? 


62  ACTIONS,  ARRESTS,  TRIALS  AND  PUNISHMENTS. 

shall  be  found  by  the  jury  if  they  find  the  defendant  guilty,  and 
the  court  shall  render  judgment  in  accordance  therewith,  and 
the  costs  of  suit.  If  the  verdict  shall  be  "  not  guilty,"  and  the 
defendant  is  in  custody,  he  shall  be  discharged. 

SEC.  21.  When  a  person  is  tried  before  the  Police  Magis- 
trate, or  any  Justice  of  the  Peace,  for  a  violation  of  any  of  the 
Sections  or  part  of  the  Ordinances  of  the  Town  of  Lake  View, 
without  a  jury,  and  the  defendant  is  found  guilty,  the  Justice 
shall  impose  the  fine  and  shall  record  the  rendition  of  said 
judgment  in  his  docket,  in  the  cause  as  near  as  may  be  in  the 
following  form : 

"  After  hearing  the  evidence  the  Court  finds  the  defendant  guilty 

of  violating  Section of  Chapter of  the  Revised  Ordinances 

of  the  Town  of  Lake  View,  and  that  said  defendant  be  fined  the 
sum  of  $ and  cost  of  suit,  (or  that  the  defendant  be  commit- 
ted to  the  county  jail  and  imprisoned  for months)  as  the  case 

may  be ;  and  the  Court  doth  further  adjudge  that  the  plaintiff  have 

and  recover  of  said  defendant,  the  sum  of  $ fine,  assessed  as 

aforesaid,  together  with  costs  of  suit  herein  taxed  at  $ .    *And 

the  Court  doth  further  order  that  unless  the  above  judgment  and 
costs  are  forthwith  paid,  said  defendant  be  committed  to  the  jail 
of  Cook  County  in  accordance  to  law." 

SEC.  22.  Where  the  defendant  is  tried  by  jury  for  the  vio- 
lating of  any  Section  or  parts  of  the  Ordinances  of  the  Town 
of  Lake  View,  and  the  jury  shall  find  the  defendant  guilty,  and 
assess  the  fine  to  be  imposed  therefor,  it  shall  be  the  duty  of 
the  magistrate  before  whom  said  cause  was  tried  by  jury  to 
render  judgment  upon  the  verdict  of  the  jury,  and  after  record- 
ing the  verdict  of  said  jury  in  his  docket,  in  said  cause,  to  write 
therein  the  judgment  so  rendered,  which  shall  be,  as  near  as 
may  be,  as  follows : 

"The  Court  thereupon  renders  judgment  upon  said  verdict  of 
the  jury  aforesaid,  which  is  that  the  defendant  is  guilty  of  violat- 
ing Section of  Chapter of  the  Revised  Ordinances  of  the 

Town  of  Lake  View,  and  that  he  be  fined  the  sum  of  $ and 

costs  of  suit,  (or  be  imprisoned  for months)  as  the  case  may  be, 

and  that  the  plaintiff  have  and  recover  of  said  defendant  the  sum 
of  $ fine,  assessed  as  aforesaid,  and  the  costs  of  suit  herein  taken 


ACTIONS,  AKRESTS,  TKlALS  AND  PUNISHMENTS.  63 

at  $ .  *And  the  Court  doth  further  order  that  unless  the  defend- 
ant immediately  pay  said  judgment  and  costs  herein  rendered,  that 
he  be  forthwith  taken  to  the  jail  of  Cook  County  and  there  con- 
fined in  accordance  with  law." 

In  case  the  verdict  or  judgment  be  that  the  defendant  be 
imprisoned  as  well  as  fined,  the  Court  shall  not  record  the 
words  in  the  above  forms  following  the*;  and  in  such  case  the 
Court  shall  commit  the  defendant  to  jail  forthwith,  and  also 
issue  a  mittimus  or  execution  for  the  collection  of  the  fine  and 
costs;  but  said  last  named  mittimus  shall  only  authorize  the 
commital  of  the  prisoner  to  jail  for  a  failure  to  pay  said  fine 
and  costs,  for  a  term  which  added  to  the  imprisonment  fixed 
by  the  judgment  would  make  six  months  imprisonment  in  all. 

SEC.  23.  Commitment  of  any  person,  as  provided  in  this 
chapter,  shall  be  by  process,  under  the  hand  of  the  court  which 
shall  have  made  the  order  for  such  commitment,  and  when 
issued  for  the  collection  of  the  fine  and  costs,  shall  be  as  near 
as  may  be,  in  the  following  form,  to  wit : 

STATE  OF  ILLINOIS,         \  aa 
COOK  COUNTY.   fss 

The  People  of  the  State  of  Illinois,  to  any  Constable  of  said  Coun- 
ty or  any  Policeman  of  the  Town  of  Lake  View,  in  said  County,  and 
to  the  Keeper  of  the  Common  Jail  in  said  County,  GREETING: 

Whereas,  upon  the  complaint  of —  — of  the  Town  of  Lake 

View,  lately  made  before  the  undersigned  Police  Magistrate  of  the 
said  Town  of  Lake  View,  in  said  County,  and  ex  offitio  Justice  of  the 
Peace  of  the  Town  of  Lake  View  in  and  for  said  County,  against 

(here  state  name  of  prisoner)  for  a  violation  of  Section 

,  of  Chapter of  the  Eevised  Ordinances  of  the  said  Town  of 

Lake  View,  summons  (or  warrant)  was  issued,  dated  the day 

of ,  A.  D.  18—,  returnable  on  the day  of A.  D.  18—,  at  the 

hour  of— o'clock — M.  On  the day  of ,  A.  D.  18—,  said  sum- 
mons (or  warrant)  was  returned  by  Constable served  on 

said  defendant  by (here  state  how  served) .  At  the  time 

set  for  trial  of  said  case,  to-wit :  on  the day  of A.  D.  18 — ,  at 

— o'clock  —  M.,  said  case  was  called,  the  defendant  was  present, 
and  said  case  was  tried  before  the  undersigned  Justice,  and  a  (if  by 
jury,  here  insert  it),  and  the  said  (name  of  prisoner)  was  found  guilty 
of  said  charge,  to-wit :  a  violation  of  Section  — ,  of  Chapter  — ,  of  the 
said  Revised  Ordinances  of  the  Town  of  Lake  View,  and  the  said 


61  ACTIONS,  ARRESTS,  TRIALS  AND  PUNISHMENTS. 

(here  state  court  or  jury  as  the  case  may  be)  assessed  the  fine  which 
the  said —  —  (name  of  prisoner)  should  pay  to  said  town,  the  sum 
of dollars  and  costs  of  suit;  and  also  that  said  defendant  be  im- 
prisoned for months, and 

Whereas,  the  Court  thereupon,  on  said day  of A.  D.  18  — , 

rendered  judgment  (upon  the  verdict  of  the  jury),  which  judgment 

was  that  the  defendant  is  guilty  as  charged,  and  is  fined  $ ,  and 

costs  of  suit  herein  taxed  at  $ ,  and  that  the  defendant  also  be  im- 
prisoned for months  in  the  county  jail,  and  that  the  plaintiff  have 

and  recover  of  said  defendant  said  sum  of  $ —  fine  and  said  costs  of 

suit :  and  the  court  did  further  order  that  in  case  said  defendant, 

,  should  fail,  neglect  or  refuse  forthwith  to  pay  said  fine  and  costs 

so  adjudged  against  him,  the  said  defendant, ,  be  com- 
mitted to  the  jail  of  said  Cook  County,  there  to  remain  until  said  fine 
and  costs  shall  be  fully  paid  (said  imprisonment,  however,  not  to  ex- 
tend beyond  six  months  from  the  date  of  commitment),  or  otherwise 
legally  discharged. 

We,  therefore,  command  you,  the  said  constable  or  policeman,  to 

demand  of  said — ,  the  amount  of  said  fine  and  costs.  And 

in  case  the  said shall  neglect,  fail  or  refuse  to  pay  the  same 

forthwith,  then  you  are  to  take  the  said and  convey  him 

to  the  jail  of  said  Cook  County,  and  deliver  him  into  the  custody  of 
the  keeper  of  said  jail ;  and  you,  the  said  keeper,  in  such  case,  are 

hereby  required  to  receive  the  said into  your  custody  in  said 

jail,  and  him  the™  safely  keep,  pursuant  to  the  Statutes  of  Illinois 
and  the  Revised  Ordinances  of  the  Town  of  Lake  View  ;  said  impris- 
onment in  the  county  jail  to  continue  for  six  months  from  date  of 
commitment,  or  until  said  fine  and  costs  are  fully  paid  in  money,  or 
he  is  otherwise  legally  discharged. 

Given  under  my  hand  and  seal  this day  of ,  A.  D.  18 — . 


Police  Magistrate  of  the  Town  of  Lake  View 
and  ex-officio  Justice  of  the  Peace. 

Where  the  judgment  is  that  the  defendant  be  imprisoned  for 
six  months,  as  well  as  fined,  no  mittimus  shall  be  issued  to  col- 
lect the  fine,  but  an  execution  shall  be  issued  for  the  collection 
of  said  fine  and  costs,  and  a  mittimus  shall  be  issued  immedi- 
ately for  the  imprisonment,  and  the  defendant  conveyed  to  jail, 
unless  said  case  is  appealed,  and  the  appeal  perfected.  The 
mittimus  shall  be  in  the  following  form,  as  near  as  may  be : 


ACTIONS,  ARKESTS,  TRIALS  AND  PUNISHMENTS.  65 

STATE  OF  ILLINOIS, 
COOK  COUNTY. 

The  people  of  the  State  of  Illinois,  to  any  constable  of  said  coun- 
ty, or  any  policeman  of  the  Town  of  Lake  View,  in  said  county,  and 
to  the  keeper  of  the  common  jail  in  said  county;  GREETING: 

Whereas,  upon  the  complaint  of—  — ,  of  the  Town  of  Lake 

View,  lately  made  before  the  undersigned  police  magistrate  of  the 
said  Town  of  Lake  View,  in  said  county,  and  ex-officio  justice  of  the 
peace  of  said  Town  of  Lake  View,  in  and  for  said  county,  against 

— ,  for  a  violation  of  Section of  Chapter ,  of  the 

Revised  Ordinances  ot  the  said  Town  of  Lake  View,  summons  (or 
warrant)  was  issued,  dated the ,  A.  D.  18 — ,  returnable  be- 
fore the  undersigned  mrgistrate,  on  the day  of A.  D.  18 — at  the 

hour  of  — M.,  to  answer  the  complaint  of  the  Town  of  Lake  View,  for  a 
failure  to  pay  it  a  demand  not  exceeding  two  hundred  dollars,  accrued 

by  violating  Section of  Chapter ,  of  the  Revised  Ordinances 

of  said  town.    On  the day  of ,  A.  D.  18 — ,  said  summons  (or 

warrant)  was  returned  by  Constable ,  served  on  said 

defendant  by on  the day  of ,  A.  D.  18 — . 

At  the  time  set  for  the  trial  of  said  case, -  it  was  tried 

before  the  undersigned  and  a  —        — ,  and  the  said  —        — —  was 

found  guilty   of  said  charge,  to-wit :   a  violation  of  Section ,  of 

Chapter  — ,  of  the  Revised  Ordinances  of  the  Town  of  Lake  View, 
and  the  said  (court  or  jury,  as  the  case  may  be)  found  the  defendant 
guilty,  and  fixed  the  penalty  therefor  at  six  months'  imprisonment 
and  fine  of  $ — ,  and  the  costs  of  case;  and  whereas  it  was  there- 
upon, on  the day  of ,  A.  D.  18 — ,  considered  and  determined 

by  said  court  that  said  Town  of  Lake  View  have  and  recover  of  said 
defendant,  —  — ,  for  its  demand  and  the  violation  aforesaid,  the 
sum  of  $ — ,  fine  assessed,  as  aforesaid,  and  also  the  costs  of  suit  therein, 
taxed  at  $ — ,  and  the  said  defendant  be  committed  to  the  jail  of  said 
Cook  County, there  to  remain  six  months  from  the  date  of  com- 
mitment. 

We  therefore  command  you,  the  said  (Constable  or  Policeman) 

to  take  the  body  of  said and  convey  him  to  the  jail  of  said  Cook 

County,  and  deliver  him  into  the  custody  of  the  keeper  of  said  jail, 
and  you,  the  said  keeper  in  such  case,  are  hereby  required  to  receive 

the  said in  your  custody  in  the  said  jail,  and  him  there  safely 

keep,  pursuant  to  the  Statutes  of  Illinois  and  the  Revised  Ordinances 
of  said  Town  of  Lake  View,  said  imprisonment  in  the  county  jail  to 
continue  for  six  months  from  the  date  of  commitment,  or  until  he  is 
otherwise  legally  discharged. 

Given  under  my  hand  and  seal  this day  of ,  A.  D.  18 — . 


Police  Magistrate  of  the  Town  of  Lake  View 

and  ex-officio  justice  of  the  Peace. 


66  ACTIONS,  ARRESTS,  TRIALS  AND  PUNISHMENTS. 

SEC.  24.  In  all  cases  where  an  appeal  of  any  suit,  action 
or  proceeding  is  advised  by  the  Board  of  Trustees,  the  appeal 
bond  shall  be  executed  by  the  Supervisor  and  Town  Clerk  in 
their  official  character,  in  the  name  of  the  Town  of  Lake  View, 
and  said  bond,  thus  executed,  shall  be  binding  on  the  town. 

SEC.  25.  In  all  cases  where  any  person  convicted  of  a 
breach  of  any  of  said  ordinances  shall  fail,  neglect  or  refuse 
forthwith  to  pay  any  fine  or  penalty  and  cost  which  may  be 
adjudged  against  him,  it  shall  be  competent  and  lawful  for  the 
court  before  whom  such  conviction  is  had,  to  order  that  such 
person  so  convicted  as  aforesaid  be  committed  to  the  jail  of 
Cook  County,  the  town  calaboose,  or  other  place  provided  by 
said  town  for  the  incarceration  of  offenders  in  such  cases,  there 
to  remain  until  such  fine,  penalty  and  cost  shall  be  fully  paid, 
or  otherwise  legally  discharged ;  Provided,  that  no  such  im- 
prisonment shall  exceed  six  months  for  any  one  offense.  In 
all  cases  where  any  person  is  so  committed  to  the  town  cala- 
boose, he  may  be  required  to  work  for  the  corporation  at  such 
labor  as  his  strength  will  permit,  at  any  place  within  the  town, 
.not  exceeding  ten  hours  each  working  day,  and  for  such  work 
the  person  so  employed  to  be  allowed,  exclusive  of  his  board, 
two  dollars  for  each  day's  work  on  account  of  such  fine  and 
costs. 

SEC.  26.  No  officer,  judicial  or  ministerial,  shall  in  any 
manner  compromise  with  any  person  charged  with  the  viola- 
tion of  any  ordinance  of  the  town,  without  direction,  by  reso- 
lution of  the  Board  of  Trustees ;  nor  commute,  release,  remit, 
suspend,  or  diminish  any  judgment  or  fine  rendered  or  imposed 
for  violation  of  any  ordinance,  nor  shall  give  time  for  the  pay- 
ment of  any  such  judgment  or  fine ;  but  the  officer  rendering 
such  judgment  shall,  unless  the  same  be  paid  immediately 
upon  the  rendition  of  the  same,  issue  the  proper  process  for 
the  collection  of  such  judgment  or  for  the  committal  of  the 
person  against  whom  the  same  was  rendered. 

SEC.  27.     All  prosecutions  for  the  violation  of  any  ordi- 


ACTIONS,  ARRESTS,  TRIALS  AND  PUNISHMENTS.  67 

nance,  or  for  any  fine  or  forfeiture  under  the  same,  shall  be 
commenced  within  one  year  and  six  months  from  the  time  of 
committing  the  offense  or  incurring  the  fine  or  forfeiture. 
No  period  during  which  the  party  charged  was  not  usually 
or  publicly  resident  within  the  State  of  Illinois  shall  be  in- 
cluded within  the  time  of  limitation.  When  the  proceedings 
upon  any  warrant  or  process  for  the  violation  of  any  town 
ordinance  are  reversed  on  appeal,  or  writ  of  error,  or  quashed, 
set  aside  or  dismissed  without  a  trial  on  the  merits,  the  time 
during  such  pendency  of  said  proceedings  shall  not  be  reck- 
oned within  the  time  limited  by  this  section  so  as  to  bar  a 
new  proceeding  for  the  same  offense. 

SEC.  28.  Every  person  convicted  of  a  violation  of  any  pro- 
vision, clause  or  section  of  this  ordinance  and  its  several  chap- 
ters, or  any  ordinance,  section,  article,  clause,  provision  or  chap- 
ter, where  no  other  penalty  is  prescribed,  shall  on  conviction 
be  fined  not  to  exceed  two  hundred  dollars,  for  each  offense. 


68  POLICE. 


CHAPTER   XV. 
POLICE. 


1.  Police  department. 

2.  Supervisor  has  supervision. 

3.  Captain,  duties  of. 

4.  Sergeants. 

5.  First  sergeant. 

6.  Police,  duties  of. 

7.  Oath  and  bond. 

8.  Suspensions,  pay,  etc. 

9.  Committee  on  police. 
10.  Information,  reports,  etc. 


11.  Report  arrests  to  captain. 

12.  May  call  assistance. 

13.  Resisting  or  interfering. 

14.  Seize  gaming  devices. 

15.  Enter  gaming  or  disorderly 

houses. 

16.  Police  not  bail. 

17.  Police  only  act  as  such ;  stars, 

etc. 

18.  Penalty. 


SECTION  1.  The  Supervisor  and  each  member  of  the  Board 
of  Trustees,  the  Captain  of  Police,  Sergeants  of  Police,  Police- 
men and  Special  Policemen  shall  constitute  the  police  depart- 
ment of  the  Town  of  Lake  View.  It  shall  be  the  duty  of  each 
member  of  said  police  force,  to  enforce  all  ordinances  relative  to 
the  preserving  of  the  peace,  health,  and  good  order  and  quiet 
of  said  town,  arid  to  the  prosecution  of  all  violations  of  all  ordi- 
nances of  the  town. 

.  SEC.  2.  The  Supervisor  shall  exercise  a  general  supervision 
and  control  over  the  police,  and  shall  see  that  the  various  police 
officers  are  prompt  and  efficient  in  the  discharge  of  their  duties ; 
and  he  shall,  from  time  to  time,  take  such  measures  for  the 
preservation  of  the  public  peace  and  good  order,  and  for  the 
prompt  and  efficient  execution  of  the  laws  of  the  State  and  or- 
dinances of  the  town,  as  may  be  deemed  most  expedient  and  best 
to  accomplish  the  purpose  contemplated. 

He  may,  with  the  concurrence  of  the  Board  of  Trustees, 
make  and  establish  rules  and  regulations,  to  be  styled  "Police 
Regulations  of  the  Town  of  Lake  View,"  in  which  the  duties 
of  the  various  members  of  the  police  force  shall  be  specified, 
with  a  view  to  a  vigilant,  effective,  useful  police  department, 
and  the  orderly  conduct  of  its  members. 


POLICE.  by 

SEC.  3.  The  Captain  of  Police  shall  have  the  immediate 
charge  of  the  police,  and  see  that  all  "police  regulations"  are 
strictly  enforced.  He  shall  keep  his  office  at  the  Town  Hall, 
and  he  shall  be  keeper  of  the  town  calaboose.  He  shall  make 
a  monthly  report  to  the  Board  of  Trustees  at  their  first  regula* 
meeting  of  each  month,  which  shall  contain  the  names  of  all  per- 
sons arrested  by  any  member  of  the  police  department,  the  rea- 
son for  the  arrest,  the  magistrate  before  whom  they  shall  have 
been  tried,  the  fine  imposed,  and  whether  it  is  satisfied  by  pay- 
ment or  imprisonment,  or  appeal.  Said  report  shall  contain 
any  other  matter  concerning  the  police  department,  which  may 
be  of  interest  to  the  toAvn.  At  the  last  meeting  of  the  Board 
of  Trustees,  in  each  municipal  year,  he  shall  make  an  annual 
report,  which  shall  be  a  verified  summary  of  said  monthly  reports. 

SEC.  4.  The  Board  may  appoint  Sergeants  of  Police  in 
such  districts  as  they  may  by  resolution  specify.  They  shall 
be  numbered  first,  second,  third,  and  so  on  consecutively,  and 
shall  have  rank  in  such  order. 

SEC.  5.  The  First  Sergeant  of  Police  shall  have  immediate 
charge  of  the  police  force,  in  the  absence,  death  or  resignation 
of  the  Captain  of  Police. 

SEC.  6.  The  Captain  and  Sergeants  of  Police  and  Police- 
men shall  devote  their  entire  time  to  the  duties  of  their  office. 
They  shall  see  that  all  streets,  alleys  and  vacant  grounds  are 
kept  clean.  All  Sergeants  and  Policemen  shall  report  to  the 
Captain  any  imperfections  in  sidewalks,  crossings,  bridges,  cul- 
verts, drains,  ditches  and  sewers  on  their  respective  beats.  The 
Captain  shall  immediately  report  in  writing  to  the  Commission- 
ers of  Highways  in  their  respective  districts  all  such  imperfec- 
tions, giving  their  location  and  extent. 

SEC.  7.  Each  Policeman  and  Special  Policeman  shall,  be- 
fore entering  upon  the  discharge  of  the  duties  of  his  office,  take 
and  subscribe  the  oath  required  of  the  officers  of  the  town,  and 
if  the  Board  of  Trustees  shall  by  resolution  so  direct,  he  shall 
execute  a  bond  to  the  town,  conditioned  as  in  the  case  of  other 


70  POLICE. 

town  officers,  which  bond  shall  be  approved  by  the  Supervisor. 

SEC.  8.  The  Board  of  Trustees  may  from  time  to  time  ap- 
point as  many  Policemen  and  Special  Policemen  as  they  shall 
deem  necessary,  who  shall  hold  their  offices  during  the  pleasure 
of  the  Board  ot  Trustees ;  and  the  Board  may  by  resolution  fix 
or  change  the  pay  or  compensation  for  members  of  the  police 
force,  as  it  may  from  time  to  time  deem  necessary,  and  in  case 
of  emergency  the  Supervisor  may  appoint  Special  Policemen. 
The  Supervisor  may  suspend  any  member  of  the  police  force 
for  insubordination,  neglect  of  duty,  drunkenness,  or  any  act  or 
conduct  unbecoming  a  policeman,  which  suspension  he  shall  re- 
port in  writing  to  the  Board  of  Trustees  at  its  next  regular 
meeting,  giving  a  full  statement  of  the  offense  or  offenses  com- 
mitted ;  and  it  shall  be  the  duty  of  the  Board  to  take  immediate 
action  in  the  matter,  and  as  soon  as  practicable,  either  reinstate 
or  dismiss  the  offender  from  the  police  force.  No  person  shall 
be  employed  on  the  police  force  who  is  not  strictly  temperate  ; 
and  in  case  any  person  shall  be  intoxicated  while  on  duty,  he 
shall  be  immediately  discharged  from  the  force,  in  the  discretion 
of  the  Board  of  Trustees.  No  member  of  the  police  force,  un- 
der penalty  of  forfeiting  the  pay  which  may  be  due  him,  shall 
withdraw  or  resign  from  the  police  force,  unless  he  shall  have 
given  one  week's  notice  thereof  in  writing  to  the  Supervisor ; 
and  no  person  who  shall  ever  have  been  removed  from  the  po- 
lice force  for  misconduct  or  other  offense,  shall  be  re-appointed 
to  any  office  in  the  said  police  force. 

SEC.  9.  The  Committee  on  Police  shall  visit  the  town  cala- 
boose or  prison  at  least  once  in  each  month,  and  see  that  it  is 
kept  in  good  order  and  condition,  and  inquire  into  the  treat- 
ment of  the  persons  confined  therein,  and  shall  report  to  the 
Board  of  Trustees  without  delay  any  omission  of  duty  on  the 
part  of  the  keeper  thereof. 

SEC.  10.  It  shall  be  the  duty  of  all  policemen  and  special 
policemen,  on  request,  to  furnish,  at  all  times,  any  and  all  in- 
formation which  may  aid  any  person  in  finding  any  park,  place,- 
or  the  residence  of  any  person,  and  they  shall  conduct  them- 


POLICE.  71 

selves  in  a  gentlemanly  manner.  They  shall  report  all  viola- 
tions of  ordinances  and  all  crimes  to  the  Captain  of  Police  at 
the  earliest  moment.  They  shall  take  all  property  found  and 
stolen  to  police  headquarters.  They  shall  arrest  all  persons 
found  in  the  act  of  violating  any  ordinance  of  the  town,  and 
shall  in  all  cases  of  arrest  take  the  person  arrested  immediately 
before  the  Police  Magistrate,  or  some  Justice  of  the  Peace  of 
Cook  County,  Illinois,  and  prefer  a  charge  against  the  party 
so  arrested.  In  case  the  arrest  is  at  night,  or  on  Sunday,  the 
party  shall  be  confined  in  the  town  calaboose  or  prison,  or  place 
of  safety  provided,  until  it  is  practicable  to  have  a  trial  of  such 
offender,  and  until  the  person  arrested  shall  be  disposed  of  accord- 
ing to  law.  They  shall  render  assistance  at  all  fires  in  the  ca- 
pacity of  firemen. 

SEC.  11.  Each  policeman  shall  promptly  make  report,  in 
writing,  to  the  Captain  of  Police  of  all  arrests  made  by  him, 
stating  the  name  of  the  person  arrested,  the  offense,  and  what 
disposition  was  made  of  the  offender. 

SEC.  12.  It  shall  be  the  duty  of  any  person  in  the  Town  of 
Lake  View,  when  called  upon  by  any  member  of  the  police  de- 
partment, to  promptly  aid  and  assist  him  in  the  execution  of 
his  police  duties. 

SEC.  13.  No  person  shall  resist  any  member  of  the  police 
force  in  the  discharge  of  his  duty,  or  shall  in  any  way  interfere 
with  or  hinder  or  prevent  him  from  discharging  his  duty  as 
such  member,  or  shall  offer  or  endeavor  to  do  so,  nor  shall  in 
any  manner  assist  any  person  in  custody  of  any  member  of  the 
police  force  to  escape  or  attempt  to  escape  from  such  custody, 
nor  shall  rescue  or  attempt  to  rescue  any  person  in  custody. 

SEC.  14.  Any  constable  or  member  of  the  police  force  of 
the  town  may  seize  any  instrument,  device  or  thing  used  for  the 
purpose  of  gaming,  or  by  or  on  which  money  or  other  articles 
of  value  may  be  lost  or  won,  and  all  such  instruments,  devices 
or  things  may  be  demolished  or  destroyed. 


72  CALABOOSE. 

SEC.  15.  If  the  owner  or  keeper  of,  or  any  person  within, 
any  gambling  house  or  room,  any  disorderly  house,  or  house  of 
ill-fame,  within  this  Town,  shall  refuse  to  permit  the  policemen 
or  any  constable  to  enter  the  same,  it  shall  be  lawful  for  any  po- 
liceman or  constable  to  enter,  or  cause  the  same  to  be  entered, 
by  force,  by  breaking  the  doors  or  otherwise,  and  to  arrest,  with 
or  without  warrant,  all  suspicious  persons  found  therein. 

SEC.  16.  No  member  of  the  police  force  shall  become  or 
furnish  bail  for  any  person  arrested  for  violation  of  any  ordi- 
nance of  the  Town  of  Lake  View,  or  of  the  criminal  laws  of  the 
State  of  Illinois. 

SEC.  17.  No  person  other  than  a  member  of  the  police  de- 
partment shall  assume  to  act  as  a  policeman  in  any  capacity 
within  the  Town  of  Lake  View.  No  person  other  than  a  mem- 
ber of  the  police  department  shall  wear  a  star,  or  other  similar 
device  like  that  of  a  policeman. 

SEC.  18.  Any  person  violating  Sections  11,  12,  13,  and  17, 
or  any  provision  contained  in  said  sections,  shall  on  conviction 
be  punished  by  a  fine  of  not  less  than  three  dollars,  and  not 
exceeding  one  hundred  dollars. 


1.  Where  situated. 

2.  Cells,  in  town  hall. 


CHAPTER    XVI. 
CALABOOSE. 

3.  Keeper  of. 

4.  Other  calabooses. 


SECTION  1.  The  lower  floor  of  the  Town  Hall,  situated  on 
the  north-west  corner  of  Addison  and  Halsted  Streets,  be,  and 
the  same  is  hereby  set  apart  for  and  designated  as  the  Police 
Court  room  and  police  headquarters  for  the  Town  of  Lake 
View. 

SEC.  2.  The  cells  in  the  rear  part  of  the  lower  floor  of  the 
said  Town  Hall  be,  and  the  same  are  hereby  set  apart  for  and 


POUNDS.  73 

designated  as  the  Town  Calaboose,  or  lock-up  of  the  Town  of 
Lake  View. 

SEC.  3.  The  Captain  of  Police  shall  be  ex-officio  keeper  of 
said  calaboose  or  jail,  and  shall  have  the  custody,  rule,  charge 
and  keeping  of  the  same,  and  of  all  persons  committed  thereto, 
under  the  supervision  and  direction  of  the  Supervisor  or  Board 
of  Trustees. 

SEC.  4.  The  Board  of  Trustees  may,  by  resolution  or  ordi- 
nance, establish  other  calabooses  in  said  town,  and  any  officer 
having  any  person  in  arrest  at  night,  or  on  Sunday,  may  keep 
him  in  any  safe  place,  in  his  discretion,  over  night  or  Sunday, 
until  he  can  bring  such  person  before  the  proper  magistrate  or 
justice. 


CHAPTER   XVII. 
POUNDS. 


1.  Animals  at  largeT 

2.  Penalty,  defining,  etc. 

3.  Pound-keeper,  impound. 

4.  Who  may  impound. 

5.  Duties  of  Pound-keeper. 

6.  Fees,  notices,  etc. 

7.  When  owner  is  unknown. 

8.  Make  return  of  sale. 

9.  Balance  paid  to  Treasurer. 

10.  Redeemed  be  fore  judgment. 

11.  Redeemed  before  sale. 


12.  When  liable  to  penalty. 

13.  Who  must  not  purchase. 

14.  Breaking  pounds. 

15.  Hinder,  delay  or  obstruct. 

16.  Pound-keeper  report. 

17.  Surplus  proceeds. 

18.  Establishing  pounds. 

19.  Pound-keeper,  powers  of. 

20.  Not  take  to  pound. 

21.  Penalty. 


SECIION  1.  That  it  shall  be  unlawful,  and  is  hereby  de- 
clared to  be  a  nuisance,  for  any  horse,  colt,  mule,  ass,  bull,  ox, 
cow,  calf,  hog,  pig,  sheep,  goat,  geese,  or  cattle  of  any  kind, 
to  run,  go,  or  be  at  large,  within  the  corporate  limits  of  the 
Town  of  Lake  View. 

SEC.  2.     Any  owner  or  owners  of  any  such  animal  or  ani- 


74  POUNDS. 

mals,  who  shall  permit  the  same  to  run,  go  or  be  at  large, 
contrary  to  the  provisions  of  Section  1  of  this  Chapter,  shall 
forfeit  and  pay  a  penalty  of  two  dollars  for  every  animal 
named  in  said  Section  1,  so  permitted  to  run,  go,  or  be  at 
large,  together  with  the  costs  of  impounding  and  the  expense 
of  sustenance  for  such  animal  or  animals  when  impounded,  as 
hereinafter  provided.  The  tying  or  securing,  or  suffering  to 
be  tied  or  secured,  by  means  of  a  rope,  chain  or  other  contri- 
vance, any  animal  or  animals  mentioned  in  Section  1  of  this 
Chapter,  upon  any  street,  alley,  avenue,  sidewalk,  park  or  other 
public  ground,  within  the  limits  of  said  town,  or  the  herding 
or  keeping  of  any  such  animal  or  animals  upon  any  uninclosed 
ground  within  said  limits,  without  the  consent  of  the  owner 
of  such  ground,  or  person  having  control  of  the  same,  for  the 
purpose  of  allowing  such  animal  or  animals  to  graze  thereon, 
or  the  permitting,  suffering  or  allowing  any  of  said  animals  to 
graze  thereon,  whether  attended  by  drivers  or  watchers  or  not, 
shall  be  deemed  running  at  large  under  this  chapter ;  and  it 
shall  be  no  defense  to  any  action  under  this  chapter  th  it  the 
owner  or  possessor  of  any  animal  found  running  at  large  con- 
trary to  the  provisions  hereof,  did  not  authorize  the  running 
at  large  of  such  animal  or  animals. 

When  any  animal  or  animals  run  at  large  contrary  to  the 
provisions  of  this  chapter,  and  are  noj  impounded,  the  owner 
or  possessor  of  the  same  shall  forfeit  and  pay  to  the  Town  of 
Lake  View  a  fine  of  not  less  than  two  dollars,  nor  more  than 
ten  dollars,  for  each  animal  proved  to  have  been  running  at 
large ;  said  fine  to  be  collected  in  the  same  manner  as  other 
fines  for  violation  of  ordinances,  and  when  collected  to  belong 
to  the  Town  of  Lake  View,  and  to  be  paid  to  its  Treasurer. 

SEC.  3.  It  shall  be  the  duty  of  the  pound-keeper,  or  of 
any  policeman,  to  take  up  and  impound  any  animal  known  to 
him  to  be  running  at  large,  contrary  to  the  provisions  of  Sec- 
tions 1  and  2  of  this  Chapter,  and  for  each  refusal  or  neglect 
so  to  do,  he  shall  forfeit  and  pay  a  fine  of  five  dollars. 


POUNDS.  75 

SEC.  4.  It  shall  be  lawful  for  any  person  over  the  age  of 
fourteen  years,  to  take  up  any  animal  being  or  running  at 
large,  contrary  to  the  provisions  of  Sections  1  and  2  of  this 
Chapter,  and  to  take  the  same  to  any  pound  in  the  Town  of 
Lake  View,  and  deliver  such  animal  or  animals  to  the  keeper 
of  such  pound,  and  for  so  doing  he  shall  receive  from  the 
Treasurer  of  said  town,  when  collected,  an  impounding  fee  for 
each  animal  so  taken  up  and  impounded  by  him,  and  it  shall 
be  the  duty  of  the  pound-keeper  to  enter  upon  his  books  forth- 
with the  name  and  residence  of  the  person  so  taking  any  such 
animal  to  the  pound,  as  provided  in  this  section. 

SEC.  5.  It  shall  be  the  duty  of  the  pound-keeper  to  receive 
into  the  pound  all  animals  mentioned  in  Section  1  of  this 
Chapter,  which  may  be  brought  there  in  pursuance  of  Sections 
3  an^  4  of  this  Chapter,  to  provide  proper  sustenance  for  all 
animals  impounded,  and  to  deliver  the  same  when  demanded, 
and  all  lawful  charges  against  the  same  are  paid  by  the  owner 
or  duly  authorized  person  demanding  the  same. 

SEC.  6.  There  shall  be  charged  for  each  animal  impounded, 
an  impounding  fee  of  fifty  cents,  which  fee  shall  belong  to  the 
pound-keeper  when  the  animal  is  taken  up  and  impounded  by 
any  pound-keeper  or  policeman  ;  but  when  the  animal  is  taken 
up  and  driven  to  the  pound  by  any  other  person,  such  fee 
shall  belong  and  be  paid  by  the  Treasurer  to  such  person  when 
collected;  and  the  pound-keeper  shall  be  entitled  to  receive 
for  providing  sustenance  for  each  day,  or  part  thereof,  any 
animal  may  be  impounded,  the  following  sums,  to-wit :  Fifty 
cents  for  each  horse,  colt,  mule,  ass,  bull,  ox,  cow,  calf,  hog  or 
pig,  and  twenty-five  cents  for  each  sheep,  goat  or  goose;  and 
the  pound-keeper  shall  also  be  entitled  to  one-half  of  all  pen- 
alties received  for  all  animals  taken  up  and  impounded ;  and 
if  such  animals  are  not  redeemed  within  three  days  after  the 
same  are  impounded,  the  pound-keeper  shall  make  complaint 
to  any  Justice  of  the  Peace  or  Police  Magistrate  of  the  Town 
of  Lake  View  against  the  owner  or  owners  of  such  animal  or 
animals  for  a  violation  of  Sections  1  and  2  of  this  Chapter, 


76  POUNDS. 

which  complaint  shall  be  written  or  printed,  or  partly  written 
and  partly  printed,  and  containing  the  name  of  such  owner  or 
owners,  if  known  to  the  pound-keeper;  but,  if  not  known, 
then  said  complaint  shall  contain  a  description  of  such  animal 
or  animals,  when  and  where  impounded,  and  a  statement  that 
the  owner  or  owners  are  unknown ;  and  thereupon  the  officer 
before  whom  said  complaint  shall  be  made  shall  issue  a  notice 
in  substance  as  follows,  to-wit: 

POUND  NOTICE. 

Whereas,  complaint  has  been  made  before  me  this  day  that  the 
unknown  owner  of  the  following  described  animals,  to-wit:  - 

— ,  impounded  at  —  — ,  on  the day  of—     — ,  A.  D. 

18 — ,  has  permitted  the  same  to  run  at  large,  contrary  to  the  ordi- 
nances of  the  Town  of  Lake  View.  Now,  therefore,  notice  is  hereby 
given  that  a  trial  will  be  had  upon  said  complaint  at  my  office  in 

the  Town  of  Lake  View  on  the day  of—     — ,  A.  D.  18 — ,  at  the 

hour  of ,  M.,  when  and  where  the  unknown  owner  may  appear 

and  defend,  if  he  sees  fit  so  to  do. 

Witness  my  hand  this day  of ,  A  D.  18 — . 

— ,  P.  M.  or  J.  P. 

The  day  named  in  said  notice  for  trial  shall  not  be  less  than 
five  nor  more  than  fifteen  days  from  the  time  of  issuing  the 
notice,  and  it  shall  be  the  duty  of  the  pound-keeper,  upon 
making  the  complaint,  forthwith  to  post  three  copies  of  said 
notice,  one  at  the  pound  where  the  animal  is  impounded,  one 
at  the  Town  Hall,  and  one  at  the  nearest  school-house  to  such 
pound,  and  to  return  said  notice  with  the  time  and  manner  of 
said  posting. 

The  justice  or  police  magistrate  issuing  said  notice  shall  en- 
ter the  cause  upon  his  docket  as  follows,  to-wit  : 

The  Town  of  Lake  View  vs.  The  unknown  owner  of — 
(here  specify  the  animals) 

And  upon  return  of  the  notice  aforesaid,  like  proceedings 
shall  be  had  as  in  the  case  of  personal  service  or  appearance, 
except  in  all  cases  of  unknown  owners,  the  trial  shall  be  a  jury 


POUNDS.  77 

trial.  Upon  filing  the  complaint  provided  for,  if  the  name 
of  the  owner  or  owners  is  given  therein,  then  the  magistrate  or 
justice  of  the  peace  shall  issue  a  summons  as  in  case  of  pro- 
ceedings for  the  collection  of  fines  for  violation  of  other  ordi- 
nances of  the  town ;  and  if  judgment  be  given  against  such 
owner  or  owners,  said  magistrate  or  justice  shall  order  a  sale  of 
such  animal  or  animals  to  satisfy  the  judgment,  costs  of  suit 
and  expenses  of  impounding  and  sustenance. 

SEC.  7.  Upon  the  filing  of  the  complaint  provided  for  in 
Section  6  above,  when  the  complaint  sets  forth  the  fact  that 
the  owner  or  owners  are  unknown,  or  when  the  summons  pro- 
vided for  in  Section  6  is  returned  without  personal  service  hav- 
ing been  had  therefor,  and  no  appearance  is  entered  by  such 
owner  or  owners,  the  Justice  of  the  Peace  shall  continue  the 
case  ten  days,  and  shall  immediately  prepare  a  notice  directed 
to  the  owner  or  owners  thereof.  Said  notice  shall  contain  a 
statement  of  the  complaint  and  the  time  and  place  of  the  trial, 
and  shall  also  state  that  unless  the  said  owner  or  owners  shall 
appear  at  the  time  and  place  fixed  for  the  trial,  that  judgment 
will  be  entered  by  default,  and  the  animal  or  animals  ordered 
to  be  sold  to  satisfy  the  judgment,  costs  of  suit,  and  expense  of 
impounding  and  sustenance,  which  said  notice  shall  be  deliv- 
ered to  any  constable  of  the  town.  Such  constable  shall  im- 
mediately post  three  copies  thereof  in  like  places  as  provided  in 
Section  6  of  this  chapter,  at  least  eight  days  before  the  day  set 
for  the  trial,  and  on  or  before  the  day  set  for  the  trial,  said 
constable  shall  return  the  notice  delivered  to  him  by  said  jus- 
tice, with  an  endorsement  thereon  stating  the  time  when  and 
the  places  where  he  posted  the  copies  thereof  herein  provided 
for.  At  the  time  and  place  fixed  in  said  notice  for  the  trial  of 
the  cause,  the  Justice  of  the  Peace  shall  proceed  to  hear  and 
determine  the  same  as  though  process  had  been  personally 
served  upon  the  said  owner  or  owners,  and  if  judgment  be  given 
against  such  owner  or  owners,  such  justice  shall  order  a  sale  of 
such  animal  or  animals  to  satisfy  the  judgment,  costs  of  suit 
and  expense  of  impounding  and  sustenance ;  Provided,  that  if 


78  POUNDS. 

the  constable  shall  have  failed  to  post  the  notices  as  herein  pro- 
vided, such  justice  shall  again  continue  the  cause  and  require 
the  notices  to  be  posted,  as  aforesaid,  previous  to  any  trial  of 
the  cause.  The  notices  shall  be  in  the  following  form,  as  near 
as  may  be : 

The  People  of  the  State  of  Illinois  to —  — Pound-Keeper. 

We  command  you,  that  of  the  following  described  goods  and 
chattels,  to-wit :  -  — ,  the  property  of  -  — ,  you  make 

the  sum  of dollars  and cents  debt,  and dollars  and 

cents  costs,  which  the  Town  of  Lake  View  lately  recovered  before  me 

against  the  said ,  and  hereof  make  due  return. 

Given  under  my  hand  this day  of ,  A.  D.  18 — . 

P.  M.,  or J.  P. 


Upon  the  receipt  of  such  order,  the  pound-keeper  shall  im- 
mediately post  three  notices'  in  like  places  as  provided  in  Sec- 
tion 6  of  this  chapter,  in  substance  as  follows : 

•POUND  NOTICE. 

Taken  up  and  impounded  in  the  town  pound  of  the  Town  of 

Lake  View,  situated  at street,  the  following  described  animals ; 

— ,  which,  unless  redeemed,  will  be  sold  at  public  auction, 
for  cash,  to  the  highest  bidder,  at  said  pound,  at  the  hour  of  — 
o'clock  —  M.,  on  the day  of ,  A.  D.  18 . 

Pound-Keeper. 


The  day  of  sale  mentioned  in  said  notice  shall  be  the  third 
day  after  posting  the  same,  exclusive  of  Sundays,  holidays 
and  election  days ;  and,  if  said  animal  is  not  redeemed,  the 
pound-keeper  shall  sell  the  same  in  accordance  with  said  notice. 
It  shall  be  the  duty  of  such  pound-keeper  to  return  such  order, 
within  twenty  days  after  its  date,  to  the  officer  issuing  the  same, 
with  an  endorsement  showing  when  and  how  the  same  was  ex- 
ecuted. 

SEC.  8.  Within  five  days  after  the  sale  of  any  impounded 
animal  or  animals,  as  provided  for  in  Section  6  of  this  chapter, 
the  pound-keeper  making  the  same  shall  make  return  of  the 
order  of  sale  delivered  to  him  by  the  Justice  of  the  Peace,  with 


POUNDS.  79 

an  endorsement  thereon  of  the  date  of  the  sale,  the  amount  re- 
ceived from  such  sale,  and  the  amount  retained  as  pound-keep- 
er fees,  and  he  shall,  with  such  return,  deliver  to  such  Justice 
the  amount  received  from  such  sale,  less  the  amount  of  pound- 
keeper's  fees. 

SEC.  9^.  The  Justice  of  the  Peace  shall,  after  deducting  his 
fees  in  the  case,  from  any  money  he  may  receive  from  the  sale 
of  any  impounded  animal  or  animals,  pay  to  the  pound-keeper 
of  the  pound  wherein  the  same  were  impounded,  the  amount  he 
may  be  entitled  to  receive  under  the  provisions  of  Section  6  of 
this  Chapter,  and  the  balance,  if  any,  he  shall  pay  to  the  Treas- 
urer of  the  Town  of  Lake  View. 

SE^.  10.  At  any  time  before  judgment  under  the  provisions 
of  Sections  6  or  7  of  this  Chapter,  the  owner  or  owners  of 
any  impounded  animal  or  animals  may  redeem  the  said  by  pay- 
ing to  the  pound-keeper  of  the  pound  in  which  the  same  are 
impounded,  such  sums  as  he  may  be  entitled  to  receive  for  pen- 
alties, fees  and  sustenance  under  the  provisions  of  Section  6  of 
this  Chapter. 

SEC.  11.  At  any  time  after  the  judgment  provided  for  in 
Sections  6  or  7  of  this  Chapter,  and  before  the  sale  thereof, 
the  owner  or  owners  of  any  impounded  animal  or  animals  may 
redeem  the  same  by  paying  to  the  Justice  of  the  Peace  by  whom 
the  judgment  was  rendered,  the  amount  of  the  judgment  and 
costs,  including  the  amount  the  pound-keeper  or  other  person 
may  be  entitled  to  receive,  under  the  provisions  of  Section  6 
of  this  Chapter,  and  the  money  so  paid  to  the  Justice  shall  be 
by  him  disposed  of  as  is  provided  in  Section  9  of  this  Chapter. 

SEC.  1*2.  When  any  animal  shall  have  been  redeemed  be- 
fore judgment  is  rendered  against  the  owner  or.  owners,  as  pro- 
vided in  Sections  6  or  7  of  this  Chapter,  such  owner  or  own- 
ers shall  be  liable  to  the  penalty  provided  in  Section  2  of  this 
Chapter,  to  be  collected  as  other  penalties  for  violation  of  or- 
dinances. 


80  POUNDS. 

SEC.  13.  No  person  shall  purchase,  or  be  interested  direct- 
ly or  indirectly,  in  the  purchase  of  any  animal  taken  up,  im- 
pounded or  sold  by  him,  under  any  section  or  provision  of  this 
chapter,  under  a  penalty  of  not  less  than  five  dollars  nor  more 
than  fifty  dollars  for  each  animal,  and  if  a  pound-keeper,  a  for- 
feiture of  his  office. 

SEC.  14.  Any  person  who  shall  break  open,  or  in  any  man- 
ner, directly  or  indirectly,  aid  or  assist  in,  or  counsel  or  advise 
the  breaking  open  of,  any  pound  in  the  Town  of  Lake  View, 
shall,  on  conviction  thereof,  be  fined  in  a  sum  not  exceeding 
one  hundred  dollars. 

SEC.  15.  Any  person  who  shall  hinder,  delay  or  obstruct 
any  person  or  persons  engaged  in  taking  to  any  pound  in  said 
town  any  animal  or  animals  liable  to  be  impounded,  shall,  on 
conviction  thereof,  be  fined  in  a  sum  not  less  than  five  dollars 
nor  more  than  twenty-five  dollars. 

SEC.  16.  Each  pound-keeper  shall  render  to  the  Board  of 
Trustees  of  the  Town  of  Lake  View,  whenever  called  on  by  said 
Board  so  to  do,  a  full  statement  (under  oath,  if  required)  of  all 
animals  received  by  him  into  his  pound,  and  of  those  redeemed 
by  the  owners  ;  he  shall  also  keep  a  record,  in  which  he  shall 
enter,  from  time  to  time  as  they  occur,  all  the  matters  required 
to  be  shown  in  such  statement,  and  upon  which  he  shall  take 
the  receipt  of  the  owners  of  animals  redeemed. 

SEC.  17'.  When  the  surplus  proceeds  of  the  sale  of  any  ani- 
mal, as  mentioned  in  Section  9  of  this  chapter,  shall  have  been 
paid  to  the  Treasurer,  the  owner  of  such  animal  or  animals, 
upon  satisfactory  evidence  of  his  right  thereto  being  presented 
to  the  Board  of  Trustees  of  said  Town  of  Lake  View,  may  have 
a  warrant  on  the  Treasurer  for  such  surplus. 

SEC.  18.  The  Board  of  Trustees  may,  by  order  or  resolu- 
tion, establish  as  many  pounds  as  they  may  deem  proper,  each 
pound  to  be  placed  in  the  charge  of  a  pound-keeper,  and  the 
Board  of  Trustees  may  appoint  pound-keepers  for  such  pounds, 
or  appoint  a  policeman  to  do  the  duties  of  a  pound-keeper  for 


DOGS.  81 

such  time  as  they  may  see  fit,  and  such  appointment  shall  be 
revocable  at  pleasure. 

SEC.  19.  Pound-keepers  shall  possess  and  exercise  the  pow- 
ers and  duties  of  policemen  for  the  preservation  of  the  public 
peace,  the  property  of  the  town,  and  all  animals  impounded. 

SEC.  20.  No  person  shall  take  up,  drive  or  carry  to  any 
pound  any  animal  not  legally  liable  to  be  impounded. 

SEC.  21.  Any  person  violating  any  clause,  section  or  pro- 
vision of  this  chapter,  in  which  the  penalty  is  not  therein  pro- 
vided, shall,  on  conviction,  be  fined  in  any  sum  not  exceeding 
two  hundred  dollars. 


CHAPTER  XVIII. 

DOGS. 


1.  Dogs  running  at  large. 

2.  Who  held  to  be  owner. 

3.  Slut,  while  in  heat. 


4.  May  be  slain. 

5.  Proclamation  ;  mad  dogs. 


SECTION  1.  If  any  owner  or  possessor  of  a  fierce  or  dan- 
gerous dog,  or  slut,  shall  permit  the  same  to  run  or  be  at  large 
at  any  time,  within  the  limits  of  the  town,  to  the  danger  or 
annoyance  of  any  of  the  inhabitants,  such  owner  or  possessor 
shall,  on  conviction,  forfeit  and  pay  a  sum  of  not  less  than  five 
dollars  nor  more  than  two  hundred  dollars  for  each  offense ; 
and,  upon  a  second  conviction  of  such  owner  or  possessor  for 
such  offense,  the  said  dog  or  slut  shall  be  slain  and  buried. 

SEC.  2.  Any  person  who  shall  harbor  or  suffer  or  permit 
any  dog  or  slut  to  be  and  remain  at  or  about  his  house,  stable, 
store  or  other  premises  in  said  town,  shall  be  held  to  be  the 
owner  of  the  same,  and  subject  to  the  penalties  contained  in 
this  ordinance. 


82  DOGS. 

SEC.  3.  If  any  owner  or  possessor  of  any  female  dog  shall 
knowingly  permit  her  to  run  at  large  while  in  heat,  within  the 
limits  of  the  town,  such  owner  or  possessor  shall,  on  convic- 
tion, forfeit  and  pay  a  penalty  of  not  less  than  one  nor  more 
than  ten  dollars  for  each  offense. 

SEC.  4.  It  shall  be  the  duty  of  the  police,  and  of  such  per- 
sons as  the  Supervisor  may  designate,  to  slay  all  dogs  and 
sluts  designated  in  Section  1  of  this  Chapter,  and  to  superin- 
tend the  removal  and  burial  of  the  same,  and  to  enforce  the 
provisions  of  the  foregoing  sections  of  this  chapter. 

SEC.  5.  Whenever  it  shall  be  made  to  appear  to  the  Super- 
visor that  there  are  good  reasons  for  believing  that  any  dog  or 
dogs  within  the  corporate  limits  of  said  town,  or  within  one 
mile  thereof,  are  mad,  or  have  been  bitten  by  any  rabid  animal, 
it  shall  be  the  duty  of  said  Supervisor  to  issue  a  proclamation, 
requiring  that  all  dogs  shall,  for  a  period  to  be  stated  in  the 
proclamation,  wear  a  good  and  substantial  wire  gauze,  or  leath- 
ern muzzle,  securely  put  on,  so  as  to  prevent  them  from  biting ; 
and  any  dog,  going  or  being  at  large  during  the  period  defined 
in  such  proclamation,  without  such  muzzle,  shall  be  killed  and 
buried,  or  the  carcass  otherwise  disposed  of.  It  shall  be  the 
duty  of  the  police,  and  of  such  other  persons  as  the  Supervisor 
may  designate,  to  enforce  the  provisions  of  this  section,  and  of 
such  proclamation ;  and  the  use  of  fire-arms  by  such  officer  or 
person  in  so  doing  shall  not  subject  them  to  the  penalties  of 
any  ordinance  relative  to  the  discharge  of  fire-arms. 


LICENSES.  83 


CHAPTER   XIX. 

LICENSES. 


1.  How,  and  when  issued. 

2.  Limit  of  license. 

3.  Who  must  have  licenses. 

4.  Sewer  builder  and  plumber. 

5.  Vehicles  used  for  hire. 


6.  Number  and  badge. 

7.  Transfer  of. 

8.  Fees  and  bonds. 

9.  Forfeiture  or  revocation. 
10.  Penalty. 


SECTION  1.  All  applications  for  saloon  license  shall  be 
made  to  the  Board  of  Trustees,  and  when  ordered  by  the 
Board,  the  same  shall  be  signed  by  the  President,  counter- 
signed by  the  Clerk,  and  attested  by  the  Town  Seal,  upon  the 
payment  to  the  Supervisor  of  the  sum  required  in  each  case 
by  the  Board,  as  fixed  by  ordinance  or  resolution ;  and  all 
other  licenses  required  by  the  ordinances,  may  be  issued  by 
the  Town  Clerk,  upon  a  written  order  from  the  Supervisor, 
upon  the  payment  to  the  Supervisor  of  the  sum  required  in 
each  case,  to  be  signed  in  like  manner  by  the  Supervisor  and 
Clerk,  and  attested  by  the  Town  Seal. 

SEC.  2.  No  license  issued  by  the  Board  of  Trustees  or  by 
their  authority,  shall  extend  beyond  the  30th  day  of  June 
then  next  following, 

SEC.  3.  It  shall  be  unlawful  for  any  person  to  exercise  or 
carry  on,  either  directly  or  indirectly,  within  the  limits  of  the 
town,  the  trades,  business,  occupations,  and  employments,  or 
either  of  them,  mentioned  in  this  chapter,  without  first  procur- 
ing a  license  therefor,  that  if,  to  say :  Auctioneers  and  keep- 
ers of  auction  stores,  billiard  tables,  pool  tables,  pigeon-hole 
tables,  bagatelle  or  similar  tables,  bowling  alleys,  circus  and 
equestrian  exhibitions,  draymen,  druggists,  hackmen,  junk 
dealers,  keepers  of  gunpowder,  livery-stable  keeper,  menage- 
rie, musical  or  minstrel  party  or  concert,  paintings,  scenic 
exhibitions,  pawnbrokers,  peddlers,  venders  of  beer,  pop,  or 
other  liquids,  in  glass  or  stone  vessels  from  any  wagon  or  other 


84  LICENSES. 

,  vehicle,  hawkers,  plumbers,  and  sewer  builders,  shows,  statu- 
ary, wax-figures,  theatrical  or  other  like  exhibitions,  tricks  of 
ledgerdemain,  puppets,  or  other  like  shows  or  performances. 
But  this  chapter  shall  not  be  construed  to  include  any  enter- 
tainment made  or  held  by  any  citizens  of  the  town,  nor  any 
person  peddling  or  selling  any  article  manufactured  or  pro- 
duced by  a  citizen  of  the  town. 

SEC.  4.  No  license  shall  be  granted  to  any  person  as  sewer 
builder  or  plumber  unless  the  applicant  shall  first  furnish  to  the 
Supervisor  satisfactory  evidence  of  his  skill,  competence  and 
ability  as  sewer  builder  or  plumber,  and  a  bond  payable  to  the 
Town  of  Lake  View,  with  one  or  more  sufficient  sureties,  to  be 
approved  by  the  Supervisor,  in  the  penal  sum  of  one  thousand 
dollars,  conditioned  to  pay  any  and  all  damages  which  may 
occur  by  reason  of  injury  to  any  sewer  or  drain  in  the  town, 
caused  by  or  resulting  from  any  act  of  such  licensee,  or 
caused  by,  or  resulting  from  any  act  of  anyperson  in  his 
employ  or  acting  under  his  direction;  and  further  condi- 
tioned for  the  performance  of  all  work  connected  with  sew- 
ers or  drains  in  the  town  in  a  good  and  workmanlike  man- 
ner to  the  satisfaction  of  the  Board  of  Trustees :  Provided, 
That  nothing  in  this  section  shall  authorize  any  person  to  do 
any  act  connected  with  sewers  or  drains  contrary  t )  the  provis- 
ions of  this  chapter. 

SEC.  5.  No  person  shall  hire  out,  keep  or  use  for  hire,  or 
cause  to  be  kept  or  used  for  hire,  for  the  purpose  of  carrying 
or  conveying  any  person,  article  or  thing  whatever,  within  the 
Town  of  Lake  View,  any  hack,  carriage,  dray,  cart,  wagon,  or 
other  vehicle  of  any  name  or  description  whatever,  without  a 
license  so  to  do  from  the  Supervisor  or  Board  of  Trustees. 

SEC.  6.  All  licensed  1  acks,  carriages,  drays,  carts',  wagons 
or  other  vehicles,  shall  have  placed  upon  them  in  a  conspicuous 
manner  and  place,  the  number  of  said  license,  and  the  driver 
thereof  shall  wear,  in  a-  conspicuous  manner,  a  metal  badge 
bearing  the  number  of  his  license. 


LICENSES.  85 

SEC.  7.  All  saloon  licenses  granted  under  the  provisions  of 
this  chapter,  may  be  transferred  by  order  of  the  said  Board ; 
such  transfer  to  be  signed  by  the  President  of  said  Board  and 
attested  by  the  Town  Clerk.  All  other  licenses  granted  under 
the  provisions  hereof  may  be  transferred  by  the  Supervisor,  to 
be  approved  in  like  manner  by  the  President  and  attested  by 
the  Town  Clerk. 

The  Town  Clerk  shall  keep  a  record  of  all  such  licenses  so 
granted  or  transferred. 

SEC.  8.  No  license  shall  be  issued  to  any  person,  for  any 
purpose  whatever,  until  such  person  shall  have  paid  the  fee 
and  given  the  bond,  with  such  sureties  as  the  Board  of  Trustees 
may  from  time  to  time  adopt,  by  resolution  or  ordinance,  in  re- 
lation thereto. 

SEC.  9.  Any  violation  of  any  of  the  ordinances,  rules,  reg- 
ulations or  resolutions  of  said  Board  of  Trustees,  respecting 
any  business  in  this  chapter  mentioned,  or  for  which  a  license  is 
or  may  be  required,  by  any  ordinance  of  the  town,  by  any  person 
who  may  obtain  a  license  therefor,  or  by  any  person  in  the  em- 
ployment or  under  the  control  of  such  licensee,  shall,  in  addi- 
tion to  all  other  penalties  imposed,  immediately  work  a  forfeit- 
ure and  revocation  of  such  license. 

SEC.  10.  Any  person  who  shall  violate  any  clause,  pro- 
vision or  section  of  this  chapter,  shall,  on  conviction,  be  fined 
not  to  exceed  two  hundred  dollars. 


86  STORAGE  OF  COMBUSTIBLE  MATERIALS. 


CHAPTER   XX. 

REGULATING  THE  STORAGE  OF  GUNPOWDER,  COAL  OIL 
AND  CERTAIN  COMBUSTIBLE  MATERIAL. 


1.  Where  stored. 

2.  Retailers. 


3.  Kerosene,  etc.;  fifty  gallons. 

4.  Complaint  and  penalty. 


SECTION  1.  That  no  person  or  persons  shall  keep  or  store 
any  gunpowder,  coal  oil,  kerosene  oil,  benzine,  naptha,  cam- 
phene  or  gasoline,  in  any  store,  storehouse,  warehouse,  cellar 
or  other  place  within  said  town,  unless  the  same  shall  be  stored 
in  a  fire-proof  magazine  or  cellar,  to  be  located  and  approved 
of  by  the  Board  of  Trustees :  Provided,  that  this  section  shall 
not  be  deemed  as  applicable  to  retailers  of  said  articles,  or 
either  of  them.  Every  person  violating  the  provisions  of  this 
section  shall,  on  conviction,  be  fined  not  less  than  ten  dollars 
nor  more  than  fifty  dollars. 

SEC.  2.  No  retailers  of  gunpowder  shall  keep  or  store  any 
quantity  thereof,  greater  than  twenty-five  pounds  weight,  in 
any  storehouse,  shop  or  place,  within  the  corporate  limits  of 
this  town,  except  in  a  magazine  or  cellar  as  aforesaid :  Pro- 
vided, also,  that  said  quantities  of  twenty-five  pounds  weight 
shall  be  kept  in  close  tin  or  copper  cannisters,  containing  not 
more  than  five  pounds  each ;  and  all  retailers  of  gunpowder 
shall  place  on  the  building  containing  the  same,  over  or  at  the 
side  of  the  front  door  thereof,  a  sign  with  the  words  "  Powder 
for  Sale,"  printed  or  painted  thereon,  in  letters  at  least  three 
inches  in  height ;  and  no  such  retailer  of  gunpowder  shall  be 
permitted  to  sell,  retail,  or  give  away  the  same,  in  said  town, 
after  lamp  or  gas  lighting  in  the  evening ;  and  every  person 
violating  the  provisions  of  this  section  shall,  on  conviction,  be 
fined  not  less  than  ten  dollars  nor  more  than  fifty  dollars. 

SEC.  3.     No  retailer  of  coal  oil,  kerosene  oil,  benzine,  nap- 


STOKAGE  OF  COMBUSTIBLE  MATERIALS.  87 

tha,  camphene  or  gasoline,  shall  keep  or  store  within  the  limits 
of  said  town,  a  quantity  greater  than  one  barrel,  containing 
fifty  gallons,  of  each  of  said  articles,  which  shall  be  kept  in  a 
cellar  or  place  remote  from  fires,  lighted  lamps,  candles  or  gas 
lights ;  and  no  such  retailer  shall  sell  or  give  away  the  same 
after  lamp  or  gas  lighting  in  the  evening.  Every  person  vio- 
lating the  provisions  of  this  section  shall,  on  conviction,  be 
fined  not  less  than  ten  dollars  nor  more  than  fifty  dollars. 

SEC.  4.  It  shall  be  the  duty  of  the  Supervisor  when  com- 
plaint is  made  or  information  is  communicated  to  him,  by  any 
town  officer  or  citizen,  that  there  is  probable  cause  to  suspect 
any  person  or  corporation  of  keeping  or  having  stored  any 
gunpowder,  coal  oil,  kerosene  oil,  benzine,  naptha,  camphene 
or  gasoline,  contrary  to  the  provisions  of  this  chapter,  to  make 
at  any  time  a  careful  examination  of  any  building  or  place  with- 
in said  town,  to  ascertain  the  truth  of  such  allegation  or  sus- 
picion ;  and  if  it  be  found  on  such  examination  that  any  of  said 
articles  are  therein  kept  or  stored,  contrary  to  this  chapter,  the 
person  or  corporation  keeping  or  storing  the  same,  or  occupy- 
ing the  building  or  premises  where  the  same  may  be  found, 
shall,  on  conviction,  forfeit  and  pay  not  less  than  ten  dollars 
nor  more  than  fifty  dollars  for  every  such  offense,  and  the  fur- 
ther sum  of  ten  dollars  for  every  twenty-four  hours  any  of  said 
articles  are  allowed  to  remain  within  said  town,  contrary  to 
this  chapter. 


88 


FIRE   LIMITS. 


CHAPTER   XXI. 

FIRE' LIMITS. 


1.  What  are,  etc. 

2.  Building  permit. 

3.  Thickness  of  walls. 

4.  Sheds,  dimensions  of. 

5.  Depositories  for  ashes. 

6.  Raise  buildings  to  grade. 

7.  Erecting, movingor repairing 

8.  Violation,  building  razed. 

9.  Chimneys. 


10  and  11.  Stove  pipes. 

12.  Lanterns. 

13.  Fire  and  hose  companies. 

14.  Destroy  buildings  at  fire. 

15.  Command  at  fires. 

16.  Hindrance  at  fires. 

17.  Injuring  hydrants. 

18.  Injuring  telegraph. 

19.  Penalty. 


SECTION  1.  That  the  following  fire  limits  be  and  the  same 
are  hereby  established  as  the  fire  limits  of  the  Town  of  Lake 
View.  On  the  application  in  writing  of  the  owners  of  a  ma- 
jority of  the  front  feet  in  any  block  not  included  in  the  fire  lim- 
its, the  Board  of  Trustees  may  by  resolution  extend  to  such 
block  the  provisions  of  this  chapter.  A  block  shall  be  con- 
strued to  mean  a  space  bounded  by  three  or  more  streets. 

SEC.  2.  No  building  shall  hereafter  be  erected  in  such  fire 
limits  unless  a  permit  for  the  erection  thereof  shall  have  first 
been  obtained  from  the  Board  of  Trustees. 

SEC.  3.  No  building  or  structure  of  any  kind  or  description 
shall  be  erected  or  constructed  within  said  fire  limits,  unless 
the  outside  and  party  walls  thereof  shall  be  composed  of  brick, 
stone,  iron,  or  other  incombustible  material ;  and  all  buildings 
which  shall  or  may  be  hereafter  erected  or  constructed  within 
said  fire  limits,  shall  have  outside  walls  of  not  less  than  one 
foot  in  thickness  ;  and  if  any  building  shall  be  more  than  two 
stories  in  height  (above  the  basement,)  the  outside  walls  of  the 
basement  and  first  story  shall  not  be  less  than  sixteen  inches 
in  thickness ;  and  walls  of  the  stories  above  the  second  shall  not 
be  less  than  twelve  inches  in  thickness,  and,  with  the  exception 
of  the  front  walls,  shall  extend  at  least  twelve  inches  above  the 


FIRE   LIMITS.  89 

roof:  Provided,  That  buildings  erected  and  used  as  dwellings 
only,  may  be  constructed  with  walls  in  all  cases,  four  inches  less 
in  thickness  than  is  hereby  above  specified  :  And  provided  fur- 
ther, That  any  building,  cottage  or  barn,  one  story  in  height, 
may  be  built  with  walls  not  less  than  eight  inches  thick.  All 
posts,  beams  and  other  timbers  in  outside  and  party  walls  of 
buildings  in  said  fire  limits  shall  be  separated  at  least  eight  in- 
ches from  each  other  with  stone  or  brick,  laid  in  mortar  or  ce- 
ment. No  building,  which  may  be  erected  within  the  fire  lim- 
its, shall  have  any  bay  or  oriel  window  constructed  of  wood,  ex- 
tending over  three  feet  above  the  floor  of  the  third  story  of 
said  building ;  and  no  cornice  of  wood  shall  be  placed  on  any 
building  over  two  stories  in  height,  not  counting  the  basement 
(if  any)  as  one  story.  All  chimneys  shall  be  carried  at  least 
three  feet  above  the  roof.  Felt,  tar,  or  composition  roofing 
may  be  allowed  in  the  construction  and  erection  of  buildings 
within  the  fire  limits  :  Provided,  Such  felt  shall  be  covered 
with  distilled  roofing,  cement,  or  other  equally  non-inflamma- 
ble material,  and  well  covered  with  gravel  or  other  non-com- 
bustible material.  If  a  French  or  Mansard  roof  be  placed  on 
any  building,  the  same  shall  be  constructed  as  to  its  outside  sur- 
face of  fire-proof  or  non-ignitable  material. 

SEC.  4.  Sheds  not  exceeding  twelve  feet  in  height  at  the 
peak,  or  highest  part  thereof,  and  privies  not  exceeding  ten  feet 
square  and  twelve  feet  in  height  at  the  peak,  may  be  constructed 
of  wood,  and  shall  not  be  subject  to  the  provisions  of  this  chapter. 

SEC.  5.  All  depositories  for  ashes  in  said  town  shall  be  built 
of  brick  or  other  fireproof  material,  without  wood  in  any  part 
thereof. 

SEC.  6.  The  owners  or  occupants  of  buildings  within  the  fire 
limits,  shall  have  the  right  to  raise  wooden  buildings  to  the  es- 
tablished grade ;  also  to  build  basements  and  cellars  of  brick 
or  stone,  under  said  buildings. 

SEC.  7.  Wooden  buildings  may  be  erected,  repaired  or 
'moved,  within  the  fire  limits,  notwithstanding  the  provisions  of 
this  ordinance,  in  manner  following : 


90  FIRE  LIMITS. 

The  party  desiring  to  erect,  repair  or  move  any  wooden  build- 
ings within  the  fire  limits,  shall,  in  a  petition  to  the  Board  of 
Trustees  of  the  town,  describe  by  plat,  plans  and  specifications, 
the  place  where  the  building  is  to  be  situated,  and  the  work  de- 
signed to  be  done,  which  petition  shall,  if  buildings  are  to  be 
moved,  show  the  present  location  of  the  building  and  the  streets 
through  which  the  same  may  be  moved  ;  which  petition  shall 
be  signed  by  the  owners  of  a  majority  of  the  frontage  upon  both 
sides  of  the  street  upon  which  the  building  is  to  be  located,  for 
a  distance  of  five  hundred  feet  each  way,  or  to  the  line  of  the 
fire  limits,  and  the  Board  of  Trustees,  upon  the  presentation 
of  said  petition,  may  by  resolution  permit  or  refuse  to  grant 
the  request  of  such  petition,  under  such  conditions  and  provis- 
ions as  may  be  specified  in  said  resolution. 

SEC.  8.  Any  wooden  building  which  may  be  erected,  en- 
larged, removed  or  repaired,  or  in  any  process  of  erection,  en- 
largement, removal  or  repair,  contrary  to  the  provisions  of  this 
chapter,  shall  be  deemed  a  nuisance ;  and  upon  information,  it 
shall  be  the  duty  of  the  Captain  of  Police,  after  twenty-four 
hours'  notice  to  the  owner,  occupant  or  person  in  charge,  or 
the  builder  thereof,  to  abate  the  same — to  raze  such  building 
to  the  ground.  The  expenses  thereof  shall  be  reported  by  the 
said  Captain  to  the  Board  of  Trustees,  for  assessment,  or  may 
be  collected  of  the  owner  of  such  building  by  suit. 

SEC.  9.  No  chimney  shall  be  built  with  less  than  four  inches 
thickness  of  brick  or  stone,  completely  imbedded  in  lime  mor- 
tar, and  plastered  on  the  inside  with  a  smooth  coat  of  the  same. 
No  flue  shall  in  any  case  be  less  than  eight  by  eight  inches ; 
and  if  intended  for  two  full  stories,  not  less  than  eight  by  twelve 
inches.  Holes  for  stove  pipes  shall  have  a  sheetiron  thimble, 
or  other  fireproof  material,  inserted  into  the  chimney,  imbedded 
in  mortar,  and  a  tin  or  sheetiron  stopper,  with  a  flange  at  least 
one  inch  wide,  outside  of  the  brick. 

SEC.  10.  .No  stovepipes  shall  be  less  than  four  inches  from 
any  wood  or  other  combustible  materials,  unless  there  is  a  double 


FIRE   LIMITS.  91 

circle  of  tin,  connected  together,  and  air  holes  through  the  con- 
necting tin  between  said  pipe  and  the  combustible  substance. 

SEC.  11.  No  pipe  of  any  stove  shall  be  put  up  within  said 
town,  unless  it  be  conducted  into  a  chimney  made  of  brick  or 
stone. 

SEC.  12.  No  lighted  candle  or  lamp  shall  be  used  in  any 
stable  or  other  place  or  building  where  hay,  straw,  shavings  or 
other  combustible  materials  are  kept,  unless  the  same  be  well 
secured  in  a  lantern. 

SEC.  13.  Volunteer  fire  and  hose  companies  may  be  organ- 
ized to  embrace  such  territory  within  the  limits  of  the  town, 
and  adopt  such  regulations  and  by-laws,  and  possess  such  pow- 
ers, and  may  use  the  hydrants,  hose,  hose-carts  and  fire  appar- 
atus of  the  Town  of  Lake  View,  as  the  Board  of  Trustees  may 
by  resolution  direct. 

SEC.  14.  Any  Trustee,  or  the  officer  in  command  of  any 
volunteer,  fire,  or  hose  company  at,  or  during  any  fire,  may 
cut  down  or  remove '  any  building,  erection  or  fence,  for  the 
purpose  of  checking  the  progress  of  any  fire.  Two  Trustees 
may  command  any  policeman,  or  any  member  of  any  volunteer 
fire  or  hose  company  to  blow  up  with  powder  or  otherwise,  any 
building  or  erection  during  the  progress  of  a  fire,  for  the  pur- 
pose of  extinguishing  or  checking  the  same. 

SEC.  15.  Every  volunteer  fireman  or  persons  not  belonging 
to  any  hose  or  fire  company,  who  shall  be  present  at  a  fire, 
shall  be  subject  and  obedient  to  the  orders  of  the  officer  in  com- 
mand of  the  volunteer  hose  or  fire  company  of  the  district  in 
which  such  fire  may  occur.  * 

SEC.  16.  No  person  shall  wilfully  hinder  or  offer  hindrance 
to  any  one  in  the  performance  of  his  duty  at  a  fire. 

•SEC.  17.  No  person  shall  wilfully,  in  any  manner,  injure, 
deface,  or  destroy  any  hose  cart,  hydrant,  hose  or  fire  apparatus 
belonging  to  the  Town  of  Lake  View,  or  any  volunteer  fire  or 
hose  company  within  said  town. 


92  FIRE  LIMITS. 

Sec.  18.  No  person  shall  destroy,  break  or  cut  any  fire-tel- 
egraph pole  or  wire ;  nor  give  a  false  alarm  of  fire,  unless  by 
permission  of  a  Trustee  to  test  the  efficiency  of  fire  apparatus, 
or  companies. 

SEC.  19.  Any  owner,  builder  or  other  person,  who  shall 
own,  build  or  aid  in  the  erection  of  any  building,  or  part  of  a 
building,  within  the  said  fire  limits,  contrary  to,  or  in  any  other 
manner  than  authorized  by  the  provisions  of  this  chapter  ;  or 
who  shall  own,  remove  or  assist  in  removing  any  wooden  build- 
ing within  said  fire  limits,  from  one  lot  to  another  therein  ;  or, 
who  shall  own,  remove  or  assist  in  removing  any  such  building 
from  without  said  fire  limits  into  the  same  ;  or,  any  person  who 
shall  violate  any  of  the  provisions  of  this  chapter,  shall  on  con- 
viction be  fined  not  exceeding  two  hundred  dollars,  in  the  dis- 
cretion of  the  Court,  for  the  first  offense  ;  and  to  a  like  fine  for 
every  forty-eight  hours  such  person  shall  fail  to  comply  with 
the  provisions  of  this  chapter ;  or  continue  in  the  violation 
thereof. 


FIRE  MARSHAL.  93 


CHAPTER   XXII. 

FIRE  MARSHAL. 

1.  Organization  and  command.     |       2.  Duties  of. 

SECTION  1.  The  Fire  Marshal  shall  receive  no  compensa- 
tion for  his  services.  All  volunteer  fire  and  hose  companies 
recognized  by  the  Board  of  Trustees,  shall  be  entitled  to  five 
votes  in  the  election  of  a  Fire  Marshal,  and  the  Board  of  Trus- 
tees shall  appoint  no  person  a  Fire  Marshal  who  shall  not  have 
received  the  highest  vote  as  aforesaid.  The  Fire  Marshal  shall 
have  command  at  all  fires,  and  the  Captain  and  officers  and 
members  of  the  fire  and  hose  companies  aforesaid,  shall  obey 
his  commands  at  fires. 

SEC.  2.  It  shall  be  the  duty  of  the  Fire  Marshal,  or  Cap- 
tain of  Police,  to  see  that  all  chimneys  are  properly  construc- 
ted, and  kept  in  good  order;  that  all  stoves,  furnaces  and 
heating  apparatus  are  properly  put  up,  secured  and  protected ; 
that  no  rubbish,  shavings,  straw,  leaves  or  other  combustible 
materials  are  thrown  out  on  the  streets  and  alleys  and  burned 
up  thereon,  or  allowed  to  remain  thereon,  contrary  to  the  ordi- 
nances of  the  town  in  such  cases  made  and  provided ;  that  no 
straw,  hay,  shavings,  leaves  or  other  combustible  material  is 
placed  or  stacked  on  any  streets  within  the  limits  of  the  town, 
contrary  to  the  provisions  of  the  ordinances  for  such  cases  pro- 
vided ;,  also  to  report  to  said  Board  all  firesjn  said  town,  and 
to  examine  into  the  probable  cause  thereof.  In  the  perform- 
ance of  his  duties  as  Fire  Marshal,  under  this  section,  he  shall 
have  the  assistance  of  the  Captain  of  Police. 


94  GAS  COMPANIES 


CHAPTER  XXIII. 

GAS  COMPANIES. 

1.  Where  pipes  shall  be  laid.  3.  Permission  to  lay  pipes. 

2.  Map  showing  location.  4.  Conform  to  ordinances. 

SECTION  1.  Any  company  putting  in  pipes  shall  be  required 
to  lay  their  street  mains  at  a  distance  of  not  less  than  ten  feet 
from  the  centre  of  any  street  in  the  town,  in  which  such  pipes 
are  laid,  and  on  the  south  or  west,  or  southerly  or  westerly 
sides  of  the  streets ;  and  in  all  cases  so  that  they  will  not  in- 
terfere with  sewers  or  water  pipes,  and  according  to  any  reso- 
lution of  the  Board  of  Trustees.  In  case  water  pipes  or  sewers 
are  laid  in  any  street  so  that  a  compliance  with  the  above  will 
cause  gas  pipes  to  be  placed  on  the  same  side  of  the  street  or 
avenue  as  the  water  pipes  or  sewers,  then  in  such  case  the  gas 
companies  shall  obtain  special  permission  as  to  the  location  of 
said  gas  pipes  from  the  Board  of  Trustees. 

SEC.  2.  Every  gas  company  that  may,  or  shall  hereafter 
lay  down  gas  pipes  in  any  street  or  alley  in  this  town,  shall 
make  and  keep  on  file  at  the  Town  Hall  an  accurate  map, 
showing  the  exact  location  and  depth  of  every  line  of  pipe  laid 
by  them,  and  of  every  lamp  post  in  the  town,  which  map  shall 
at  all  times  be  accessible  for  public  inspection. 

SEC.  3.  No  gas  company  shall  make  any  excavations  for 
the  purpose  of  laying  down  pipes  in  any  portion  of  any  street, 
alley  or  highway,  in  said  town,  without  first  having  obtained 
permission  from  the  Board  of  Trustees. 

SEC.  4.  •  Every  gas  company  in  said  town  shall  conform  to 
all  the  ordinances  of  said  town,  and  all  Orders  or  resolutions  of 
the  Board  of  Trustees. 


LAMPS.  95 


CHAPTER    XXIV. 
LAMPS. 

1.  Who  may  use.  |      2.  Injuring,  lighting,  extin.,  etc. 

SECTION  1.  The  postoffice  department  hereby  have  per- 
mission, under  the  direction  of  the  Board  of  Trustees,  to  attach 
and  fasten  postoffice  boxes  to  lamp  posts  in  the  Town  of  Lake 
View. 

SEC.  2.  No  person  shall  carelessly  or  maliciously  break, 
deface,  or  in  any  way  injure  or  destroy  any  public  lamp  or 
lamp  post  in  the  town,  nor  climb  upon,  nor  hitch  any  animal 
to  any  lamp  post,  or  hang  or  place  any  goods  or  merchandise 
thereon,  or  place  any  goods,  boxes,  wood,  or  other  heavy  ma- 
terial upon  or  against  the  same,  or  shall  extinguish  or  cause  to 
be  extinguished,  or  light,  or  cause  to  be  lighted  any  of  said' 
lamps,  unless  duly  authorized  so  to  do.  Any  person  violating 
any  of  the  provisions  of  this  section  shall,  on  conviction,  be 
fined  not  less  than  one  dollar  nor  more  that  ten  dollars  for  each 
offense. 


96 


PLATS. 


CHAPTER   XXV. 

PLATS. 


1.  Certified  by  owner  and  sur- 

veyor. 

2.  When  entitled  to  record. 


3.  Copy  to  accompany  plat. 

4.  Town  Clerk  record. 


SECTION  1.  No  plat,  map  or  subdivision  of  any  block,  lot, 
sub-lot,  or  any  part  thereof,  or  any  piece  or  parcel  of  land,  in 
the  Town  of  Lake  View,  shall  be  approved  by  the  Board  of 
Trustees,  until  the  same  shall  be  properly  certified  by  a  survey- 
or, and  acknowledged  by  the  owner,  as  provided  by  the  general 
law  of  this  State. 

SEC.  2.  Said  Board  shall  examine  the  plat,  map  or  subdi- 
visions not  earlier  than  the  next  meeting,  after  a  compliance 
.with  the  provisions  of  Section  1  of  this  chapter,  and  shall 
either  approve  or  reject  the  same ;  and  upon  approval  thereof, 
shall  cause  the  Town  Clerk  to  duly  certify  to  the  approval 
thereof,  under  the  corporate  seal  of  the  town,  and  until  the  same 
is  so  approved  and  certified,  the  plat,  map  or  subdivision  shall 
not  be  entitled  to  record,  and  shall  have  no  validity  whatever. 

SEC.  3.  There  shall  be  presented  with  said  map,  plat  or 
subdivision,  a  copy  of  the  same  (on  which  the  Town  Clerk  shall 
note  if  approved  or  rejected,)  which  shall  be  filed  by  the  Town 
Clerk  in  his  office. 

SEC.  4.  The  Town  Clerk  shall  keep  an  index  of  all  such 
maps,  plats  or  subdivisions  in  the  records  of  the  town. 


PARKS. 


97 


CHAPTER   XXVI. 


PARKS. 


1.  Injuring  trees,  shrubbery, etc. 

2.  Fast  driving. 

3.  What  vehicles  not  allowed 

in. 

4.  Placards,  signs,  notices,  etc. 


5.  Keep  off  the  grass. 

6.  Vehicles,  etc.,  on  foot  walks. 

7.  Not  stop  on  driveways. 

8.  Drunk  and  disorderly. 

9.  Penalty. 


SECTION  1.  No  person  shall  cut,  break  or  in  any  way  in- 
jure or  deface  any  tree,  shrub,  plant,  flower,  turf,  or  any  of 
the  buildings,  fences,  or  other  structures,  or  dig  into  the  soil, 
or  into  any  road,  in  any  park,  parkway,  common,  public  ground 
or  street,  within  the  jurisdiction  of  the  Town  of  Lake  View, 
without  permission  from  the  Board  of  Trustees  ;  or  in  Lincoln 
Park,  not  without  permission  in  writing  from  its  Commission- 
ers. 

SEC.  2.  No  person  shall  drive  or  ride  upon  any  of  said 
parks,  parkways  or  public  grounds,  or  upon  any  roads  or  road- 
ways, or  avenues  included  within  the  boundaries  thereof,  at  a 
rate  of  speed  exceeding  eight  miles  an  hour,  except  at  such 
times  and  places  as  may  be  designated  by  such  person  as  may 
be  legally  appointed  for  the  governance  of  such  park,  parkway 
or  public  ground. 

SEC.  3.  No  person  shall  drive  or  draw  any  cart,  dray, 
wagon,  truck  or  other  vehicle,  containing  goods,  merchandise, 
building  material,  manure  or  soil,  or  for  other  purposes  of  traf- 
fic, upon  any  of  the  drives  or  carriage  roads  of  any  such  parks, 
parkways  or  public  grounds,  or  upon  any  part  thereof,  except 
such  roads  as  may  be  specially  designated  and  set  apart  there- 
for by  the  Board  of  Trustee?,  or  such  person  as  shall  be  legally 
appointed  to  regulate  and  govern  such  park :  Provided,  that 
vehicles  carrying  family  supplies  or  building  material,  or  other 
merchandise  to  be  used  upon  lots  abutting  upon  such  parks, 


98  PARKS. 

parkways  or  public  grounds,  may  enter  upon  and  travel  there- 
on, so  far  as  it  may  be  necessary  to  deliver  such  supplies,  ma- 
terial or  merchandise,  and  no  further. 

SEC.  4.  No  person  shall  post  or  affix  any  placard,  bill,  no- 
tice or  other  paper  upon  any  structure  or  other  thing  within 
such  parks,  parkways  or  public  grounds,  nor  upon  any  of  the 
fences  or  enclosures  thereof. 

SEC.  5.  No  person  shall  go  upon  the  grass  or  turf  of  such 
parks  or  public  grounds,  except  when  and  where  the  word 
"  COMMON  "  is  posted,  indicating  that  persons  are  at  liberty,  at 
that  time  and  place,  to  go  upon  the  grass. 

SEC.  7.  No  vehicle  or  horse,  or  other  animal,  shall  be  per- 
mitted on  the  foot  walks— the  same  deing  devoted  exclusively 
to  pedestrians ;  nor  shall  any  vehicle,  horse  or  animal  of  bur- 
den go  upon  any  part  of  either  of  the  parks,  except  upon  the 
carriage  drives  and  upon  such  places  as  are  appropriated  for 
carriages  at  rest. 

SEC.  7.  No  animal  or  vehicle  shall  be  permitted  to  stand 
upon  the  drives  or  carriage  roads  of  any  of  the  public  parks 
of  the  town,  or  any  part  thereof,  to  the  obstruction  of  the  way, 
or  to  the  inconvenience  of  travel. 

SEC.  8.  All  drunkards  or  disorderly  persons,  and  all  per- 
sons doing  any  act  contrary  to  the  provisions  of  this  chapter, 
may  be  removed  from  such  parks,  parkways  or  public  grounds 
by  the  park  keeper  or  any  member  of  the  police  force. 

SEC.  9.  Any  person  violating  any  clause,  section  or  pro- 
vision of  this  chapter,  shall,  on  conviction,  be  subject  to  a 
penalty  of  not  less  than  three  dollars  and  not  more  than  one 
hundred  dollars,  for  each  offense. 


RAILROADS.  99 


CHAPTER   XXVII. 
RAILROADS. 


1.  Grade,  crossings  and  drains. 

2.  Flagmen  at  crossings. 

3.  Obstructing  street  crossings. 

4.  Lights  at  night. 

5.  Switch-house,  etc.,  on  street. 


6.  Ring  bell  at  crossings. 

7.  Must  not  get  on  or  off  while 

in  motion. 

8.  Storing  combustibles,  etc. 

9.  Penalty. 


SECTION  1.  All  railroad  companies,  and  the  owner  of  any 
railroad  track,  shall  raise  or  lower  their  railroad  track  lying 
within  the  limits  of  the  Town  of  Lake  View,  so  as  to  conform 
to  any  grade  which  may  at  any  time  be  established  for  any 
street,  alley  or  highway  by  ordinance  of  the  Board  of  Trustees ; 
and  where  said  tracks  run  across  or  lengthwise  of  any  such 
street,  alley  or  highway,  they  shall  keep  their  railway  tracks 
on  a  level  with  the  surface,  so  that  such  tracks  may  be  crossed 
at  any  place  in  such  stree.t,  alley  or  highway  ;  and  all  railroad 
companies,  and  the  owner  of  any  railroad  track,  shall  make  and 
keep  open  and  in  repair,  ditches  and  side-drains,  sewers  and 
culverts,  along  and  under  their  railrod  tracks,  so  that  filthy  or 
stagnant  water  cannot  stand  on  their  grounds  or  right  of  way, 
and  in  such  manner  that  the  natural  drainage  of  the  adjacent 
property  shall  not  be  impeded. 

SEC.  2.  All  railroad  companies,  and  the  owner  of  any  rail- 
road track,  shall  station,  keep  and  maintain  at  all  times,  at 
their  own  expense,  at  the  crossing  of  their  railroad  track  with 
any  and  all  public  streets  or  highways  where  they  may  be  di- 
rected so  to  do,  by  order  or  resolution  of  the  Board  of  Trustees, 
a  flagman,  whose  duty  it  shall  be  to  signal  persons  traveling 
in  the  direction  of  either  of  such  crossings,  and  to  warn  them  of 
an  approach  of  any  locomotive  engine,  or  other  impending 
danger. 


100  RAILROADS. 

SEC.  3.  No  railroad  company,  railroad  engineer,  train  con- 
ductor, or  other  person,  shall  cause  or  allow  any  locomotive  en- 
gine, car  or  cars,  or  train  of  cars,  to  stop  in  or  remain  upon 
any  street  or  railroad  crossing  within  said  town,  for  a  longer 
period  than  ten  minutes  at  any  one  time,  nor  shall  any  cars  be 
stored  on  any  railroad  track  in  said  town,  except  upon  the  freight 
and  depot  grounds  of  said  railroad :  Provided,  however,  that  in 
case  an  accident  should  take  place  at  any  or  either  of  the  cross- 
ings aforesaid,  a  reasonable  times  shall  be  allowed  to  remove  any 
obstruction  that  may  be  caused  thereby.  Should  any  street 
and  railroad  crossing  in  said  town  be,  and  remain  obstructed, 
in  whole  or  in  part,  by  any  train  of  railroad  cars,  for  and  dur- 
ing a  period  longer  than  ten  minutes,  it  shall  be  the  duty  of 
each  and  every  railroad  company  upon  whose  line  of  road  such 
obstruction  may  occur,  their  agents  or  employees,  or  persons 
in  charge  of  such  train,  on  or  before  the  expiration  of  said  ten 
minutes,  when  from  any  cause  the  entire  train  cannot  be  pro- 
pelled or  moved  to  any  one  side  of  any  street  obstructed  as 
aforesaid,  to  cause  such  cars  as  are  or  may  be  on  such  crossing 
to  be  uncoupled,  and  one  division  of.  the  train,  as  thus  made, 
removed  from  off  the  aforesaid  street  and  railroad  crossing,  in 
such  manner  as  to  leave  said  street  entirely  unobstructed,  and 
said  train,  when  again  coupled,  shall  be  removed  forthwith  from 
off  any  such  crossing,  as  aforesaid. 

SEC.  4.  Every  locomotive  engine,  railroad  car,  or  train  of 
cars,  running  in  the  night  time  on  any  railroad  track  in  said 
town,  shall  have  and  keep,  while  so  running,  a  brilliant  and 
conspicuous  light  on  the  forward  eud,  and  while  backing  up,  on 
the  rear  end  of  such  locomotive  engine,  car  or  train  of  cars. 

SEC.  5.  No  person  shall  be  allowed  to  deposit  or  place  in 
the  street  any  lumber  or  other  material,  nor  shall  they  load  any 
car  from  the  street  Avith  any  material  deposited  there,  nor  erect 
or  maintain  any  switch  house  or  other  building  upon  any  street, 
highway,  alley  or  public  grounds  within  the  limits  of  said  town. 

SEC.    6.       The   bell    of  each    locomotive   engine   shall   be 


RAILROADS.  101 

rung  continuously  while  said  locomotive  engine  is  in  motion,  and 
approaching  and  within  eighty  rods  of  any  street  that  crosses 
track  upon  which  said  locomotive  engine  is  so  running. 

SEC.  T.  No  person  shall  get  upon  or  off,  or  attempt  to  get 
upon  or  off,  any  locomotive  engine,  tender,  car  or  train  of  cars, 
while  the  same,  or  either  of  them,  is  in  motion,  without  having 
first  obtained  from  the  person  in  charge  thereof,  express  permis- 
sion so  to  do. 

SEC.  8.  No  person  shall  store  any  gunpowder,  tar,  pitch, 
resin,  coal  oil,  benzine,  turpentine,  hemp,  cotton,  nitro-glyce"- 
rine,  petroleum,  or  any  of  the  products  thereof,  nor  other  com- 
bustible or  explosive  material,  or  suffer  any  such  material  to 
be  and  remain  within  any  cars  standing  on  any  railroad  track 
within  the  limits  of  the  town,  without  a  permit  therefor  from 
the  Board  of  Trustees,  to  be  in  writing,  and  signed  by  its 
President. 

SEC.  9.  Any  railroad  company  or  railroad  corporation  who 
shall,  by  themselves,  their  agent  or  employees,  violate  or  fail 
to  observe  any  of  the  foregoing  provisions  of  this  chapter,  or 
any  agent  or  employee  of  any  railroad  company  or  railroad 
corporation,  or  any  person  who  shall  violate  or  fail  to  observe 
the  same,  shall,  on  conviction,  be  fined  for  each  violation  or 
failure  to  observe  the  same,  in  a  sum  not  exceeding  two  hun- 
dred dollars. 


102 


HORSE  RAILROADS. 


CHAPTER   XXVIII. 

HORSE  RAILED  ADS. 


1 .  Guage  of. 

2.  Kind  of  rails,  grade,  etc. 

3.  Tracks,  alterations  and  im- 
provements; how  constructed. 

4.  Tracks,  how  kept. 


5.  Notice  to  repair. 

6.  Penalty  for  neglect. 

7.  Conductor,  have  charge. 

8.  Where  may  and  may  not  stop. 

9.  Obstructing  track,  penalty. 


SECTION  1.  The  guage  of  all  horse  railroads  that  may  be 
laid  within  the  limits  of  the  Town  of  Lake  View,  is  hereby 
fixed  at  four  feet  eight  and  one-half  inches,,  unless  permission 
by  the  Board  of  Trustees  to  change  the  same  be  granted. 

SEC.  2.  All  rails  which  shall  be  laid  on  any  horse  railroad 
track,  in  the  streets,  alleys,  or  other  public  grounds  of  said 
town,  shall  be  tram  rails,  of  the  kind,  quality  and  material 
customarily  in  use  for  horse  railroads.  The  upper  part  of  all 
rails  shall  not  be  laid  above  the  level  of  the  surface  of  the 
street,  and  the  whole  manner  of  constructing  said  railways  so 
as  to  carry  out  the  provisions  of  this  ordinance,  shall  be  sub- 
ject to  the  direction  of  said  Board  of  Trustees. 

And  in  all  streets  where  a  railroad  is  now  laid  with  rails  of 
a  different  form  from  that  hereby  prescribed  for  use,  such  rails 
shall  be  displaced  by  rails  of  the  form  herein  prescribed,  when- 
ever the  Board  of  Trustees  shall  order  the  streets  in  which 
such  railroads  are  laid  to  be  paved,  graded,  macadamized,  or 
otherwise  improved. 

SEC.  3.  That  in  all  cases  where  a  single  track  is  laid,  it 
shall  be  laid  in  the  centre  of  the  street,  and  in  all  cases  where 
double  tracks  are  laid,  they  shall  be  laid  so  that  the  outer  edge 
of  the  outer  rails  of  said  track  shall  not  be  more  than  seven 
feet  from  the  centre  of  the  street  or  streets  wherein  laid. 
And  all  persons,  companies,  or  corporations  operating,  or  who 
may  hereafter  operate  any  line  or  lines  of  horse  railroad  in 
said  town,  shall  at  their  own  expense  keep  eight  feet  in  width 


HORiJE  RAILROADS.  103 

where  a  single  track  is  used,  and  sixteen  feet  in  width  where 
a  double  track  is  used,  in  good  repair,  so  that  wagons,  car- 
riages, and  other  vehicles  can  pass  and  re-pass  at  any  and  all 
points,  and  in  any  and  all  directions  without  obstruction ;  and 
when  any  new  improvements,  paving,  repairing,  planking,  or 
re-planking  is  ordered  by  the  Board  of  Trustees  in  said  streets 
so  occupied,  or  any  part  thereof,  the  said  persons,  company  or 
corporation  shall,  in  like  manner,  and  with  like  material  as 
required  of  the  property  as  to  other  contiguous  parts  of  said 
streets,  make  such  new  improvements  on  eight  feet  in  width 
where  a  single  track  is  used,  or  sixteen  feet  in  width  where  a 
double  track  is  used ;  (but  written  permission  may  be  given 
by  the  Board  of  Trustees  to  use  other  material,  the  kind  and 
quality  of  the  material  to  be  stated  in  the  permission).  And 
if  said  persons,  company,  or  corporation  shall  refuse  or  neglect 
to  make  such  new  improvements  within  a  reasonable  time  to 
be  fixed  by  the  ordinance,  the  work  may  be  done  by  the  town, 
and  the  cost  thereof  assessed  on  said  persons,  company,  or  cor- 
poration, and  collected  as  other  assessments  from  any  real  or 
personal  property  of  said  persons,  company,  or  corporation. 
But  if  the  Board  of  Trustees  shall  deem  it  inexpedient  that 
said  new  improvements  should  be  made  by  said  persons,  com- 
pany, or  corporation,  then  the  same  shall  be  done  by  the  town, 
as  in  other  cases,  and  the  cost  thereof  assessed  upon  and  col- 
lected of  said  persons,  company,  or  corporation,  in  the  manner 
as  aforesaid. 

And  if  the  said  persons,  company,  or  corporation,  shall 
refuse  or  neglect  to  make  any  necessary  repairs  as  aforesaid, 
after  twenty  days'  notice  from  the  Board  of  Trustees,  the  town 
may  make  the  repairs  and  collect  the  costs  thereof  by  suit  at 
law  in  any  court  of  competent  jurisdiction. 

SEC.  4.  All  proprietors  or  corporations  owning  or  operat- 
ing horse  railroads  in  said  town,  shall  keep  the  tracks  of  their 
respective  roads,  within  the  limits  of  said  town,  in  good  condi- 
tion, and  in  such  manner  that  such  tracks  shall  not  at  any 
time  be  elevated  above  the  surface  of  the  streets  or  public 


104  HORSE  RAILROADS. 

grounds  on  which  they  are  laid ;  and  in  such  manner  also  that 
vehicles  can  easily  and  freely,  at  all  times,  cross  said  tracks  at 
all  points,  in  any  direction,  without  obstruction,  and  in  such 
manner  that  the  space  between  the  rails  of  the  tracks  of  said 
railroads  shall  be  kept  to  the  same  grade  as  the  grade  of  the 
street  in  which  the  same  shall  be  laid. 

SEC.  5.  Whenever  any  proprietor,  company,  or  corpora- 
tion, owning  or  operating  any  horse  railroad  within  the  limits 
of  said  town,  shall  fail,  neglect,  or  refuse  to  comply  with  the 
provisions  of  Section  4  of  this  Chapter,  the  Supervisor,  or 
other  officer  of  said  town,  so  directed  by  the  Board  of  Trus- 
tees, shall  Cause  a  notice  to  be  served  upon  such  proprietor, 
company,  or  corporation,  requiring  the  track  or  portion  of  the 
streets  required  to  be  kept  in  repair  by  such  proprietor,  com- 
pany, or  corporation,  and  mentioned  in  such  notice,  to  be  put 
in  the  condition  specified  in  said  Section  4,  within  twenty  days 
after  the  service  of  said  notice. 

SEC.  6.  If  any  such  proprietor,  company,  or  corporation, 
shall  fail,  neglect  or  refuse  to  put  the  track,  or  any  part  there- 
of, or  portion  of  the  streets  as  aforesaid,  mentioned  in  such 
notice,  in  the  condition  specified,  within  twenty  days  after  the 
service  of  said  notice,  such  proprietor,  company,  or  corporation, 
shall,  on  conviction,  pay  a  penalty  not  exceeding  two  hundred 
dollars  for  each  offense,  and  a  further  penalty  not  exceeding 
fifty  dollars  for  every  day  such  neglect,  failure  or  refusal,  shall 
continue  after  the  expiration  of  said  twenty  days. 

SEC.  7.  No  proprietor,  company,  or  corporation,  owning 
or  operating  any  horse  railroad  in  said  town,  shall  suffer*  or 
permit  any  car  to  be  run  on  any  of  the  streets,  alleys  or  public 
grounds,  or  any  portion  thereof,  within  the  limits  of  said  town, 
at  any  time,  without  such  car  being  in  charge  of  and  under  the 
control  of  some  competent  conductor.  For  each  and  every 
violation  of  the  provisions  of  this  section,  the  said  proprietor, 
company,  or  corporation,  or  either  of  them,  shall,  on  convic- 
tion, be  subject  to  a  fine  of  not  less  than  ten  dollars,  nor  more 
than  one  hundred  dollars. 


HORSE  RAILROADS.  105 

SEC.  8.  All  proprietors,  conductors  or  drivers  of  horse 
railroad  cars,  or  omnibuses,  are  hereby  prohibited  from  stop- 
ping any  car  or  omnibus  at  any  street  crossing,  so  as  to  inter- 
.fere  with  or  interrupt  the  travel  of  the  several  streets  which 
such  car  or  omnibus  is  required  to  cross.  In  stopping  cars  or 
omnibusses  for  the  accommodation  of  passengers,  they  shall  in 
all  cases  pass  over  the  respective  cross  streets,  and  not  stop  until 
the  rear  of  the  car  or  omnibns  shall  arrive  at  the  last  sidewalk 
crossing  in  the  direction  in  which  the  car  or  omnibus  shall  be 
moving.  All  persons  violating  the  provisions  of  this  section 
shall,  on  conviction,  be  liable  to  a  fine  of  not  less  than  three 
dollars,  nor  more  than  twenty-five  dollars,  for  eacfc  and  every 
offense. 

SEC.  9.  In  all  cases  where  a  team  or  vehicle  shall  meet  a 
car  upon  any  horse  railroad  upon  the  streets  of  said  town,  such 
team  or  vehicle  shall  give  way  to  such  car.  No  person  shall 
wilfully  or  maliciously  obstruct,  hinder  or  interfere  with  any 
such  car,  by  placing,  driving  or  stopping,  or  causing  to  be 
placed  or  driven  at  a  slow  pace,  or  stopped,  any  team  or  vehi- 
cle, or  other  obstacle,  in,  upon  or  across,  along  or  near  to  the 
track  of  such  railway,  within  the  limits  of  said  town,  after 
being  notified  by  the  ringing  of  the  car  bell.  Whoever  shall 
violate  any  of  the  provisions  of  this  section  shall,  on  convic- 
tion, be  liable  to  a  fine  of  not  less  than  five  dollars,  nor  more 
twenty-five  dollars  for  every  such  offense. 


106       TELEGRAPH  AND  TELEPHONE  COMPANIES. 


CHAPTER   XXIX. 
TELEGRAPH  AND  TELEPHONE  COMPANIES. 


4.  Lines,  how  constructed. 

5.  Injury  to.     Penalty. 


1.  Permission  to  erect. 

2.  Notice  to  alter  or  remove. 

3.  Others  may  not  use  without 

permission  of  Board. 

IT 

SECTION  1.  No  telegraph,  telephone,  or  other  company  or 
corporation^,  or  person,  shall  erect  poles,  posts,  piers,  abut- 
ments, wires,  or  other  fixtures  along  or  upon  any  street,  alley, 
or  other  highway  or  public  grounds  within  the  Town  of  Lake 
View,  without  the  consent  of  the  Board  of  Trustees  of  said 
town ;  SUCQ  consent  shall  be  by  ordinance  or  resolution,  in 
writing,  specifying  accurately  the  route  of  such  line  as  to 
streets,  and  location  on  such  streets,  and  shall  be  recorded  in 
the  Recorder's  oifice  of  Cook  County,  before  the  work  of  build- 
ing such  line  is  commenced,  and  the  Board  of  Trustees  shall 
have  power  to  direct  any  alteration  in  the  location  or  erection 
of  any  such  poles,  posts,  piers  or  abutments,  and  also  in  the 
height  of  the  wires,  having  given  first  the  company,  or  its 
agent,  or  the  person  owning  or  controlling  such  wire,  an 
opportunity  to  be  heard  in  regard  to  such  alteration. 

SEC.  2.  All  telegraph  or  telephone  poles,  posts,  piers, 
abutments,  wires,  or  other  fixtures,  that  have  been  or  may  be 
hereafter  erected  along  or  upon  any  street,  alley,  or  other 
highway,  or  public  ground,  in  the  Town  of  Lake  View, 
contrary  to  the  provisions  of  Section  1  of  this  Chapter,  are 
hereby  declared  to  be  a  nuisance ;  and  any  company,  corpora- 
tion, or  person,  who  shall  erect  any  telegraph  or  telephone 
poles,  posts,  piers,  abutments,  wires  or  other  fixtures,  without 
first  obtaining  the  consent  of  the  Board  of  Trustees,  as  pro- 
vided in  Section  1  of  this  Chapter,  or  who  shall  refuse  or 
neglect  to  remove  or  alter  any  of  said  poles,  posts,  piers, 


TELEGRAPH  AND  TELEPHONE  COMPANIES.        107 

abutments,  wires  or  other  fixtures,  erected  contrary  to  the 
provisions  of  Section  1  of  this  Chapter,  after  being  notified, 
in  writing,  by  the  Board  of  Trustees,  to  remove  or  alter  the 
same,  shall  be  fined,  on  conviction,  twenty-five  dollars  for  each 
line  so  constructed,  and  ten  dollars  per  day  for  each  day  such 
company,  corporation,  or  person,  shall  fail  to  remove  or  alter 
such  line  after  the  expiration  of  the  number  of  days  within 
which  they  are  ordered  to  remove  or  alter  said  line. 

SEC.  3.  The  consent  of  the  Board  of  Trustees  to  any  com- 
pany, corporation,  or  person,  to  erect  any  poles,  posts,  piers, 
abutments,  wires  or  other  fixtures  upon  the  streets,  alleys,  or 
other  highways,  in  the  Town  of  Lake  View,  shall  not  be  con- 
strued to  give  consent  to  any  other  company,  corporation,  or 
person,  to  erect  any  wire,  insulators,  or  other  fixtures,  upon 
any  of  the  poles,  posts,  piers  or  abutments  of  the  company, 
corporation  or  person,  who  may  have  obtained  such  consent, 
nor  shall  such  wires,  insulators,  or  other  fixtures,  be  erected 
thereon  without  the  consent  of  the  Board  of  Trustees,  as  pro- 
vided in  Section  1  of  this  Chapter.  Any  person  violating  the 
provisions  of  this  section  shall,  on  conviction,  pay  a  fine  of  ten 
dollars  for  each  offense,  and  five  dollars  per  day  for  every  day 
such  wires,  insulators,  or  other  fixtures,  are  allowed  to  remain 
after  the  expiration  of  the  number  of  days  within  which  they 
are  ordered  to  remove  said  line  or  fixtures. 

SKC.  4.  All  telegraph  or  telephone  lines  or  wires  hereafter 
erected  in  the  Town  of  Lake  View  shall,  unless  otherwise 
directed  by  the  Board  of  Trustees,  be  erected  as  follows,  to-wit : 
Poles  shall  be  placed,  where  practicable,  at  the  outer  edge  or 
curb  of  the  sidewalk,  and  always  in  such  position  as  not  to 
obstruct  any  street,  alley,  crossing  or  sidewalk,  and  such  poles 
shall  not  be  less  than  twenty-five  feet  in  length,  and  set  at 
least  four  and  one-half  feet  in  the  ground,  and  well  secured, 
wires  shall  be  substantially  secured  to  poles,  and  where  they 
cross  any  street,  alley  or  highway,  shall  not  be  suspended  less 
than  sixteen  feet  above  the  ground  at  such  crossing.  All 
telegraph  or  telephone  lines  shall  be  placed  as  near  as  practi- 


108       TELEGRAPH  AND  TELEPHONE  COMPANIES. 

cable  on  one  side  of  the  streets  in  which  they  are  built.  All 
telegraph  or  telephone  poles,  lines  or  wires  erected  contrary 
to  the  provisions  of  this  section,  are  hereby  declared  to  be 
nuisances,  and  shall  be  removed  or  altered,  subject  to  the 
order  of  the  Board  of  Trustees,  as  provided  in  Section  2  of 
this  Chapter. 

SEC.  5.  Any  person  who  shall  unlawfully,  intentionally  or 
maliciously  injure,  molest  or  destroy  any  telegraph  or  tele- 
phone line,  post,  pier,  abutment,  wire,  insulator,  or  material  or 
property  in  the  Town  of  Lake  View,  erected  in  accordance 
with  the  provisions  with  this  chapter,  or  of  any  telegraph 
or  telephone  line  belonging  to  the  Town  of  Lake  View  shall, 
on  conviction,  be  fined  not  exceeding  two  hundred  dollars,  or 
be  confined  in  the  town  calaboose,  or  county  jail  of  Cook 
County,  not  exceeding  one  year,  or  both,  in  the  discretion  of 
the  court  having  cognizance  thereof. 


CHAPTER   XXX. 
TREES. 


1.  Trees  planted  on  walks. 

2.  Injuring  or  destroying. 


3.  Removal,  trimming,  etc.,  and 
penalty. 


SECTION  1.  All  shade  and  ornamental  trees  shall  be  plant- 
ed at  least  two  feet  inside  the  outer  line  of  the  sidewalk,  as 
defined  and  established  by  chapter  relative  to  sidewalks. 

SEC.  2.  No  person  shall  cut,  break,  or  otherwise  injure  or 
destroy  any  shade  or  ornamental  tree,  other  than  his  own, 
upon  any  sidewalk  or  elsewhere. 

SEC.  3.  If  any  tree  shall  have  been  heretofore  plmted 
without  the  line  established  at  the  time  the  same  was  set  out, 
or  shall  hereafter  be  planted  in  violation  of  this  chapter,  or  if 
any  trees  shall  be  suffered  by  the  owner  or  occupant  of  the 
premises  to  grow  in  such  a  manner  as  to  obstruct  the  public 


TREES.  109 

highways,  streets  or  sidewalks,  the  passage  of  persons,  or  the 
reflection  of  the  public  lamps,  it  shall  be  the  duty  of  the  Commis- 
sioner of  Highways  of  the  district  to  notify  the  owner,  or  occu- 
pant of  the  premises,  forthwith  to  remove  or  trim  the  same, 
in  the  manner  to  be  specified  in  the  notice.  If  any  person 
shall  refuse  or  neglect  to  comply  with  such  notice,  it  shall  be 
the  duty  of  said  commissioner  to  cause  such  trees  to  be  re- 
moved, or  trimmed,  and  the  person  so  neglecting  or  refusing 
shall,  on  conviction,  be  subject  to  a  penalty  of  not  less  than 
one  dollar  nor  more  than  ten  dollars,  for  each  tree  he  was  so 
notified,  and  refused  or  neglected  to  remove  or  trim. 


CHAPTER    XXXI. 

LAKE  VIEW  WATER  WORKS. 

RULES  AND  REGULATIONS  FOR  THE  GOVERNMENT  OF  WATER  TAKERS, 
LICENSED  PLUMBERS,  AND  OTHERS. 

1.  Injuring  building,  machinery,  hydrants,  meters,  supply  pipes,  etc. 

2.  No  person  to  use  water  (except  for  fire  purposes,)  without  permit. 

3.  Excavating  streets,  laying  or  tapping  pipes,  without  permit. 

4.  Excavating  streets  within  4£  feet  of  laid  pipe,  without  permit 

5.  Additions  or  alterations,  to  be  made  by  licensed  plumber. 

6.  All  hydrants  public;   to  be  opened  only  by  those  authorized. 

7.  Authority  to  open  hydrants,  or  use  of  wrenches,  not  transferable. 

8.  Penalty  for  breach  of  foregoing  Sections. 

9.  Rules  for  water  takers  and  plumbers : 

1st.  Appointment  of  officers,  duties  and  salaries. 

2nd.  Work  to  be  done  under  supervision  of  Superintendent  of  Water  Works. 

3rd.  Ferrule  of  size  specified  ;  Supt.  record  location  of  taps. 

4th.  Permits  to  insert  ferrules  :  size,  and  fee  for. 

5th.  Notice  by  plumber  to  Supt.  three  days  before  inserting  ferrules. 

7th.  Excavations,  manner  of  deposit,  barricades  and  lights, 

7th.  Pipes  tapped  on  top  and  not  at  hub. 

8th.  Earth  returned  and  rammed,  ferule  coverd  with  iron  box. 

9th.  Streets  to  be  made  good  as  before,  pipes  protected  from  injury  or  settling. 

10th.  Supt  direct  work,  and  report  to  Board  of  Trustees, 

llth.  Pipes  to  be  laid  not  less  than  five  feet  below  surface. 

12th.  Stop  Cocks— protection,  description  and  location. 

13th.  Lead  pipe— weight  of,  wiped  to  brass  connections,  etc. 

14th.  Water  takers— prevent  waste,  and  protect  pipes  from  frost. 

15th.  Water  must  not  be  allowed  to  run  unless  in  actual  use. 


110  LAKE  VIEW  WATER  WORKS. 

16th.    Private  hydrants,  not  located  on  walks. 

17th.   Service  pipes  for  two  or  more  tenements-  -provisions  for. 

18th.    Walk  to  be  maintained  or  shut  off  while  putting  in  pipe. 

19th.    Applications  to  state  all  particulars  relative  to  consumption,  etc. 

Supply  to  be  cut  off  for  misrepresentation. 
20th.    Water  not  to  be  supplied  to  other  premises. 
2lst.    Water  rents— when  due;  penalty  for  non-compliance. 
22nd.    Supt.  to  have  free  access  to  premises,  etc. 
23rd.    Hose  for  sprinkling-time  for  using  :  gardens,  nurseries  and  greenhouses 

have  meter  rates. 

24th.    Fountains— time  and  rate  for  using. 

25th.    Hose  over  %  inch,  and  nozzle  over  %  inch,  for  sprinkling  prohibited. 
26th.    Excavations,  left  at  night,  must  have  barricades  and  warning  lights. 
27th.   Board  reserve  right  to  apply  meter,  where  deemed  advisable. 
28th.    Hotels,  manufactories,  halls,  etc..  put  in  larger  pipe  with  hydrants. 
29th.    Plumber — penalty  for  breaking  rules. 

30th.    Plumber  to  make  return  within  forty-eight  hours  to  Supt..  etc. 
31st.    Water  to  be  paid  for  before  turning  on  ;  plumbers  may  turn  on  to  test. 
32nd.    Plumber's  petition  for  license;  pay  for  before  receiving,  and  file  bonds. 
33rd.    Plumbers  must  have  license  to  do  work  for  water  connections:  penalty. 
34th.    Hydrants  and  fountains  in  streets  to  be  enclosed,  and  not  used  for  domestic 

purposes. 

35th.    Meters  may  be  used  by  Supt.  where  measurement  is  not  provided  for. 
39th.    Size  of  ferrule  and  weight  of  pipe. 
37th.    Bills  must  be  paid  when  due:  credit  prohibited. 
38th.    Pipes  over  two  inches  must  be  of  iron. 
39th.    Penalty  for  violation  of  any  of  the  rules. 
40th.    Permits  granted  on  condition  no  damages  are  claimed  for  lack'of  supply. 

10.  Penalty  for  a  breach  of  any  part  of  Section  9. 

11.  Weights  of  pipe,  water  rates  and  meter  rates. 

12.  Annual  charges  for  meters. 

13.  Specifications  for  laying  water  pipes. 

SECTION  1,  No  person  shall  wilfully  or  carelessly  break, 
injure,  mar,  deface,  interfere  with  or  disturb  any  building,  ma- 
chinery, apparatus,  fixture,  attachment  or  appurtenance  of  the 
Lake  View  Water  Works,  or  any  public  or  private  hydrant,  or 
stop-cock,  stop-cock  box,  meter,  water  supply  or  service  pipe, 
or  any  part  thereof;  nor  shall  any  person  deposit  anything  in 
any  stop-cock  box,  or  commit  any  act  tending  to  obstruct  or 
impair  the  intended  use  of  any  of  the  above  mentioned  prop- 
erty without  the  permission  of  the  Superintendent  of  the  Water, 
Works,  or  except  in  the  cases  hereinafter  regulated. 

SEC.  2.  No  person  except  a  regularly  authorized  agent  of 
the  Board  of  Trustees  shall  take  water  from  any  public  or  pri- 
vate hydrant,  plug,  hose-pipe  or  fountain  (except  for  fire  pur- 
poses, or  for  the  use  of  the  Fire  Department  in  case  of  fire),  or 
shall  in  any  way  use  or  take  any  water  for  private  use  (drink- 
ing at  public  fountains  excepted),  unless  such  person  has  first 


LAKE  VIEW  WATER  WORKS.  Ill 

paid  for  the  same  and  received  a  permit  from  the  Superintend- 
ent of  Water  Works. 

SEC.  3.  No  person  shall  make  any  excavation  in  any  street 
for  the  purpose  of  laying  water-pipe,  or  tap  any  water  or  ser- 
vice pipe  laid  down,  without  written  permission  from  the  Super- 
intendent of  Water  Works,  and  then  only  such  persons  as  are 
authorized  to  perform  such  work  shall  do  the  same,  and  the 
particular  person  to  be  employed  shall  in  each  case  be  named 
in  the  permit. 

SEC.  4 .  No  person  shall  make  any  excavation  in  any  street 
or  highway,  within  four  and  one-half  feet  of  any  laid  water- 
pipe,  while  the  ground  is  frozen,  except  by  special  order  of  the 
Superintendent  of  the  Water  Works  or  of  the  Board  of  Trus- 
tees. 

SEC.  5.  No  person  shall  make  any  addition  or  alteration 
whatever,  in  or  about  any  conduit  pipe,  water-cock  or  other 
fixture,  except  through  a  duly  licensed  plumber,  permission  in 
writing  having  been  previously  obtained  from  the  Superintend- 
ent of  the  Water  Works. 

SEC.  6.  All  the  hydrants  erected  in  the  Town  of  Lake  View 
are  hereby  declared  to  be  public  hydrants  and  no  person  or 
persons  other  than  those  especially  authorized  by  the  Board  of 
Trustees  shall  open  any  of  said  hydrants  or  attempt  to  draw 
water  from  the  same,  or  in  any  manner  interfere  with  any  of 
said  hydrants. 

SEC.  7.  No  persons  authorized  to  open  hydrants  shall  del- 
egate his  authority  to  another,  or  let  out  or  suffer  any  person 
to%take  the  wrenches  furnished  him,  or  suffer  the  same  to  be 
taken  from  any  hose  house  of  said  town,  except  for  purposes 
strictly  connected  with  fire  uses,  or  as  they  accompany  hose 
carts  on  occasions  of  fire. 

SEC.  8.  Any  person  who  shall  violate  either  of  the  forego- 
ing sections,  or  any  clause  or  provision  of  either  of  the  forego- 
ing sections  of  this  chapter  shall,  on  conviction,  be  fined  for 
each  offense  in  a  sum  not  less  than  three  dollars,  nor  more  than 


112  LAKE  VIEW  WATER  WORKS. 

two  hundred  dollars  ;  and  if  such  offense  be  committed  by  any 
licensed  plumber,  his  license  may  be  revoked  in  the  discretion 
of  the  Board  of  Trustees. 

SEC.  9.  The  following  rules  and  regulations  for  the  gov- 
ernment of  water  takers  and  licensed  plumbers  are  hereby  adop- 
ted and  established : 

First.  The  Board  of  Trustees  shall  appoint  all  necessary 
officers  and  agents  for  furnishing  water,  collecting  water  rents, 
assessments  and  rates,  and  determine  the  terms  of  office,  duties, 
and  salaries  or  compensation,  of  such  officers  and  agents. 

Second.  All  work  done  on  the  streets  and  contemplated  by 
this  chapter,  must  be  done  under  the  supervision  of  the  Super- 
intendent of  Water  Works  and  subject  to  his  direction  and  ap- 
proval. 

Third.  The  ferrule  inserted  in  the  distributing  pipes  and 
the  service  pipe  laid  shall  be  of  the  size  specified  in  the  permit 
and  order.  The  Superintendent  of  Water  Works  shall  keep  a 
complete  record  and  a  plat  showing  the  exact  location  and 
number  and  sizes  of  all  taps  inserted,  the  length  of  service  pipe 
laid  and  exact  location  of  stop-cocks  and  meters. 

Fourth.  Applications  for  permits  to  connect  service  pipes 
with  any  supply  pipe  must  be  made  to  the  Superintendent  of 
Water  Works,  and  the  following  sums  must  be  paid  for  the  in- 
sertion of  the  service  cocks  : 

f  and  ^  inch  ferrules $4  00 

finch  "        4  50 

finch  "        5  00 

1  inch  "        5  50 

Including  the  furnishing  of  the  service  cock,  cast-iron  cover  for 
said  cock,  and  cover  for  stop-cock  on  sidewalk  ;  and  no  such 
connection  shall  be  made  by  any  person  not  regularly  author- 
ized by  the  Board  of  Trustees,  and  then  only  after  the  permit 
has  been  issued  and  paid  for  as  above. 

Fifth.  Notice  must  be  left  at  the  office  of  the  Superintend- 
ent of  Water  Works  by  the  plumber  about  to  lay  down  service 
pipe,  fixing  the  day  on  which  he  wishes  the  ferrule  inserted. 


LAKE  VIEW  WATER  WORKS.  113 

This  notice  must  be  given  three  days  previous  to  the  excava- 
tion for  the  insertion  of  the  ferrule. 

Sixth.  In  making  excavations  in  streets  or  highways  for 
the  laying  of  pipe,  the  planks  or  paving  stones  and  earth  re- 
moved must  be  deposited  in  a  manner  that  will  occasion  the 
least  inconvenience  to  the  public  and  provide  for  the  passage 
of  water  along  the  gutters.  Suitable  barricades  must  be  erected 
around  the  excavation,  and  red  lights  maintained  at  night. 

Seventh.  Pipes  must  always  be  tapped  on  the  top  and  not 
in  any  case  at  the  hub. 

Eighth.  After  the  ferrule  is  inserted,  the  earth  must  be 
returned  and  carefully  rammed  with  suitable  rammers  under 
the  supply  pipe  to  a  level  with  the  top  of  the  pipe  before  the 
connection  is  m  ade,  and  the  ferrule  must  be  covered  with  a  cast- 
iron  box. 

Ninth.  After  service  pipes  are  laid,  the  back  filling  must 
be  puddled,  and  this  work,  together  with  the  replacing  of  bal- 
last and  paving,  must  be  done  so  as  to  make  the  street  at  least 
as  good  as  it  was  before  it  was  disturbed  and  to  the  satisfaction 
of  the  Superintendent  of  Water  Works,  and  the  plumber  will 
be  held  responsible  for  any  subsequent  settling  of  the  ground. 
All  water,  sewage,  and  other  pipes  must  be  protected  from  in- 
jury or  settling  to  the  satisfaction  of  said  Superintendent. 

Tenth.  It  shall  be  the  duty  of  the  Superintendent  of  Water 
Works  to  supervise  and  direct  these  operations,  and  from  time 
to  time  report  to  the  Board  of  Trustess  as  to  the  manner  in 
which  the  plumbers  perform  their  work,  and  the  condition  in 
which  he  finds  the  streets  repaired. 

Eleventh.  Service  pipes  must  in  all  cases  be  laid  at  a  depth 
of  not  less  than  five  feet  below  the  surface  of  the  ground. 

Twelfth  Stop-cocks  must  in  every  case  be  inserted  in  the 
service  pipe,  and  protected  with  a  cast-iron  cover,  having  the 
letter  "  W  "  marked  thereon,  and  such  cover  shall  be  placed  by 
the  plumber  on  the  edge  of  the  sidewalk  near  the  curb,  visible 
and  even  with  the  platform  or  planking. 


114  LAKE  VIEW  WATER  WORKS. 

Thirteenth.  Service  pipes,  if  of  lead,  must  be  of  the  weight 
known  as  "extra  strong."  Lead  pipe  used  for  plumbing 
houses  must  be  in  weight  equal  to  the  kind  known  as  "  strong," 
as  designated  on  the  circulars  of  E.  W.  Blatchford  &  Co., 
Lead  Pipe  Manufacturers,  Chicago.  Iron  service  pipes  must 
withstand  a  hydraulic  pressure  of  two  hundred  pounds  to  the 
square  inch.  In  no  case  must  lead  be  soldered  to  iron,  but  be 
wiped  with  heavy  joints  into  brass  connections,  and  between 
the  tap  and  the  coupling  in  the  iron  service  pipe  there  must  be 
at  least  two  feet  of  lead  pipe  bent  in  S  or  other  form  to  relieve 
the  rigidity  of  the  iron  pipe.  Pipes  must  be  at  least  one-eighth 
inch  larger  than  the  tap  used. 

Fourteenth.  All  persons  taking  the  water  shall  keep  their 
service  pipes,  stop-cocks,  and  fixtures  connected  therewith,  in 
good  repair  and  protected  from  frost,  and  shall  prevent  all  un- 
necessary waste  of  water ;  and  it  shall  be  expresly  stipulated 
in  all  permits  that  no  claim  shall  be  made  against  the  town,  or 
any  of  its  officers  or  agents,  by  reason  of  the  breaking  of  any 
supply  or  service  pipe  or  cock. 

Fifteenth.  Hydrants,  taps,  hose,  water-closets,  urinals, 
baths,  and  other  fixtures,  will  not  be  permitted  to  be  kept  run- 
ning when  not  in  actual  use.  All  faucets  connected  with  ser- 
vice pipes  must  be  so  constructed  and  of  such  pattern  as  may 
be  approved  by  the  Superintendent. 

Sixteenth.  No  private  hydrant  shall  be  located  on  the  side- 
walk or  elsewhere  beyond  the  limits  of  the  lot  of  the  party  to 
whom  the  permit  is  issued. 

Seventeenth  Service  pipes  intended  to  supply  two  or  more 
distinct  premises  or  tenements,  must  be  provided  with  separate 
and  distinct  stop-cocks  for  each  tenement  on  the  outside  of  the 
same,  and  when  only  one  stop-cock  is  used,  the  person  or  per- 
sous  controlling  the  same  must  pay  the  water  rent  of  all  par- 
ties who  are  thus  supplied,  as  separate  water  bills  will  not  be 
made. 


LAKE  VIEW  WATER  WORKS.  115 

Eighteenth  Where  it  is  necessary  to  break  up  the  sidewalk 
for  putting  in  water  service  pipes  or  private  drains,  there  shall 
be  left,  or  constructed,  and  maintained,  a  walk  at  least  four 
feet  wide,  in  all  cases  excepting  when  the  walk  is  wholly  taken 
up  and  travel  shut  off  by  a  substantial  barricade. 

Nineteenth.  Applications  for  water  must  state  fully  and 
truly  all  the  purposes  for  which  it  is  required,  and  when  paying 
the  semi-annual  charges  for  it,  parties  must  frankly,  and  with- 
out concealment,  .answer  all  questions  put  to  them  relative  to 
its  consumption ;  and  the  applicant  shall,  in  such  application, 
agree  that  in  consideration  of  the  insertion  of  the  ferrule,  he 
will  pay,  or  cause  to  be  paid,  the  assessment  levied,  or  to  be 
levied,  on  said  premises  for  the  water  pipe  that  is  proposed  to 
be  tapped,  and  that  he  will  faithfully  comply  with  the  rules  es- 
tablished by  this  ordinance. 

In  'case  of  fraudulent  misrepresentation  on  the  part  of  the  ap- 
plicant, or  of  users  of  water,  not  embraced  in  the  applicant's 
bill,  or  of  wilful  or  unreasonable  waste  of  water,  the  supply  of 
water  will  be  cut  off,  and  all  payments  shall  be  forfeited  to  the 
town. 

Twentieth.  No  owner  or  -occupant  of  any  building,  prem- 
ises or  enclosure,  into  which  water  shall  be  introduced,  will  be 
allowed  to  supply  water  to  other  persons  or  families.  If  so 
supplied,  the  water  will  be  cut  off  without  notice,  and  the  pay- 
ment forfeited. 

Twenty-first.  Water  rents  shall  be  due,  and  payable  in  ad- 
vance, on  the  first  day  of  May  and  the  first  day  of  November 
in  each  year.  Ten  per  cent,  penalty  will  be  added  if  the  rent 
is  not  paid  within  thirty  days  after  the  same  becomes  payable. 

Twenty. second.  The  Superintendent  of  Water  Works,  and 
his  authorized  agents,  shall  have  free  access  at  all  hours  of  the 
day,  between  seven  o'clock  A.  M.  and  six  o'clock  P.  M.,  to  all 
parts  of  every  building  in  which  the  water  is  delivered  and  con- 
sumed, to  examine  the  pipes  and  fixtures,  and  to  ascertain  wheth- 
er there  is  any  unnecessary  waste  of  water. 


116  LAKE  WIEW  WATER  WORKS. 

Twenty-third.  Hose  for  sprinkling  gardens  or  washing 
windows  and  sidewalks  shall  be  used  only  from  the  first  day  of 
April  to  the  first  day  of  November,  and  between  the  hours  of 
five  and  eight  o'clock  A.  M.  and  five  and  eight  o'clock  P.  M. 
If  allowed  to  run  at  other  hours,  the  water  will  be  cut  off  with- 
out previous  notice.  This  section  not  to  apply  to  market  gar- 
dens, nurseries  and  green-houses.  Water  shall  be  furnished 
for  use  in  market  gardens,  nurseries  and  green-houses  at  meter 
rates,  with  the  privilege  of  use  at  all  times,  except  at  such  times 
as  shall  be  specially  directed  by  the  Superintendent,  under  au- 
thority reserved  by  clause  38  of  this  section. 

Twenty-fourth.  Yard  fountains  shall  not  be  used  more  than 
six  hours  per  day,  and  only  between  April  1  and  November  1, 
except  by  special  permission  and  upon  the  payment  of  addi- 
tional charges ;  and  the  right  is  reserved  to  suspend  their  use 
and  the  use  of  hose  for  sprinkling  gardens,  whenever  in  the 
opinion  of  the  Superintendent  of  Water  Works,  the  public  ex- 
igency may  require  it.  The  rate  for  the  use  of  fountains  shall 
be  established  according  to  the  size  of  the  orifice  in  a  thin  metal 
plate  fixed  in  the  supply  pipe  of  the  fountain,  at  its  junction 
with  the  main  or  principal  pipe,  from  which  it  is  supplied. 
The  service  pipes  of  all  fountains  out  of  doors  must  be  provided 
with  stop-cocks,  under  the  control  of  the  Superintendent  of 
Water  Works. 

Twenty-fifth.  Hose  larger  than  f -inch  will  not  be  permitted 
except  on  payment  of  an  additional  charge,  and  sprinkling  with- 
out nozzle,  or  through  a  larger  opening  .than  ^-inch,  is  forbid- 
den. 

Twenty-sixth. — No  person  shall  leave  any  excavation,  made 
in  any  street  or  highway,  open  at  any  time  during  the  night 
without  suitable  barricades  and  warning  lights  maintained  at 
such  excavation. 

Twenty-seventh. — The  Board  of  Trustees  reserve  the  right 
to  order  a  meter  to  be  applied  to  any  service  pipe  wherever 
they  may  deem  it  advisable. 


LAKE  VIEW  WATER  WORKS.  117 

Twenty-eight, — If  proprietors  of  lumber-yards,  manufacto- 
ries, halls,  stores,  hotels,  or  public  buildings,  regular  customers 
of  water  from  the  works,  wish  to  lay  large  pipes,  with  hydrants 
and  hose  couplings,  to  be  used  only  in  case  of  fire,  they  will  be 
permitted  to  connect  with  the  street  mains  at  their  own  expense 
upon  application  to  the  Superintendent  of  Water  Works,  (and 
under  his  direction,)  and  will  be  allowed  the  use  of  water  for 
fire  purposes  only,  free  of  charge. 

Twenty-ninth.  Any  plumber  or  pipe-fitter  who  shall  be 
guilty  of  a  violation  of  any  of  the  rules  or  regulations  adopted 
by  the  Board  of  Trustees,  shall  forfeit  his  license.  A  forfeit- 
ure of  the  license  of  any  plumber  shall  operate  as  a  suspension 
of  the  license  held  by  any  co  partner  in  the  same  business,  or 
by  any  person  in  his  or  their  employment. 

Thirtieth.  Within  forty-eight  hours  after  completing  any 
attachment,  or  connection,  the  plumbers  or  pipe-fitters  shall 
make  a  true  return  in  writing  on  the  back  of  the  permit  of  the 
number  of  rooms  in  the  premises,  and  of  the  contemplated  uses 
of  the  water  therein,  according  to  the  rules  and  regulations  and 
the  tariff  of  water  rates,  and  file  the  same  in  the  office  of  the 
Superintendent  of  Water  Works,  as  the  water  will  not  be  turned 
into  any  premises  until  complete  returns  are  made  by  the 
plumber. 

Thirty-first.  The  water  will  not  be  turned  into  any  house 
or  private  service  pipe  except  upon  the  order  of  the  Superin- 
tendent, nor  until  the  applicant  shall  have  paid  his  rent  for  the 
current  term  ;  and  plumbers  are  strictly  prohibited  from  turn- 
ing the  Avater  into  any  service  pipe  except  upon  the  order  or 
permission  of  the  Superintendent. 

This  rule  shall  not  be  construed  to  prevent  any  plumber  ad- 
mitting water  to  test  pipes,  and  for  that  purpose  only. 

Thirty-second.  Any  plumber  wishing  to  do  business  in  con- 
nection with  the  Water  Works  shall,  before  recceiving  his  li- 
cense, file  in  the  office  of  the  Superintendent  of  Water  Works 
a  petition,  in  writing,  giving  his  name,  and  that  of  each  mem- 


118  LAKE  VIEW  WATER  WORKS. 

her  of  his  firm,  if  any,  and  place  of  business,  asking  to  become 
a  licensed  plumber  of  the  Town  of  Lake  View,  stating  his  Avil- 
ingness  to  be  governed  in  all  respects  by  all  the  rules  and  reg- 
ulations of  the  Board  of  Trustees  now  or  hereafter  to  be  adopted 
concerning  his  business.  Said  petition  shall  be  signed  by  two 
responsible  citizens  of  said  town,  vouching  for  the  business  ca- 
pacity and  good  reputation  of  the  applicant  and  for  his  worthi- 
ness to  receive  a  license. 

Any  person  or  persons  making  application   to  the  Town  of 
Lake  View,  to  become  a  licensed  plumber  of  said  town,  shall 
pay  or  cause  to  be  paid  to  said  town,  before  such  license  shall 
be  issued  to  such  person  or  persons,  such  sum  as  the  Board  of , 
Trustees  may  from  time  to  time  determine. 

All  plumbers'  licenses,  unless  revoked,  shall  remain  in  force 
until  the  30th  day  of  June  thence  next  following  the  issuing 
thereof. 

Before  receiving  a  license  the  applicant  shall  file  in  the  office 
of  the  Superintendent  of  Water  Works  a  bond  with  two  or  more 
sureties,  to  be  approved  by  the  Board  of  Trustees  in  the  sum  of 
five  thousand  dollars,  conditioned  that  he  will  indemnify  and 
keep  harmless  the  Town  of  Lake  View  and  Board  of  Trustees 
from  all  liability  for  any  accidents  and  damages  arising  from 
any  negligence  or  unskillfulness  in  doing  or  protecting  his  work, 
or  from  any  unfaithful  or  inadequate  work  done  in  pursuance 
of  his  licensee  ;  and  that  he  will  also  restore  the  street,  side- 
walk and  pavement  over  any  pipe  he  may  lay,  and  fill  all  ex- 
cavations to  be  made  by  him,  so  as  to  leave  said  street,  side- 
walk, and  pavement  in  as  good  state  and  condition  as  he  found 
them,  and  keep  and  maintain  the  same  in  good  order  to  the  sat- 
isfaction of  the  Superintendent  of  the  Water  Works  for  the  pe- 
riod of  one  month  next  thereafter ;  and  that  he  will  pay  all 
fines  that  may  be  imposed  on  him  for  a  violation  of  any  rule  or 
regulation  adopted  by  the  Board  of  Trustees  and  in  force  dur- 
ing the  term  of  his  license. 


LAKE  VIEW  WATER  WORKS.  119 

Thirty-third.  Any  person  who  shall  lay  any  water  service 
pipes,  or  introduce  into,  or  about  any  building,  or  on  any 
grounds  any  water  pipes,  or  do  any  plumbing  Avork  in  any 
building  or  on  any  grounds,  for  the  purpose  of  connecting  such 
pipes  or  plumbing  works  with  the  pipes  of  the  Lake  View  Water 
Works,  or  of  preparing  them  for  such  connections,  with  a  view 
of  having  such  premises  supplied  with  water  by  the  Lake  View 
Water  Works;  or  who  shall  make  any  addition  to,  or  alteration 
of  any  water  pipe,  bath,  water  closet,  stop-cock,  or  other  fix- 
tures or  apparatus,  for  the  supplying  of  any  premises  with  water, 
without  being  duly  licensed  to  perform  such  work  by  the  Board 
of  Trustees  of  the  Town  of  Lake  View,  and  without  having  first 
obtained  a  permit  for  the  doing  of  such  work  from  the  Super 
intendent  of  Water  Works  of  said  Town  of  Lake  View,  shall 
be  subject  to  a  fine  of  not  less  than  ten  ($10.00)  dollars  and 
not  exceeding  fifty  ($50.00)  dollars. 

Thirty-fourth.  No  hydrant,  except  the  public  drinking 
fountains,  shall  be  placed  within  the  limits  of  any  street  unless 
such  hydrant  is  securely  closed  and  protected  against  general 
use,  and  no  drinking  fountain  shall  be  erected  for  public  use 
which  has  openings  by  which  it  can  be  used  as  a  source  of  do- 
mestic supply. 

Thirty-fifth.  Water  supplied  to  any  place  of  which  the  rates 
and  system-  of  measurement  are  not  provided  for  by  other  rules, 
shall  be  estimated  by  the  Superintendent  and  assessed  at  the 
rate  of  twenty  cents  per  thousand  gallons.  Whenever  practi- 
cable, a  meter  shall  be  used  as  a  basis  for  estimation. 

Thirty-sixth.     The  size  of  ferrules  shall  be  : 
For  all  houses  of  9  rooms  or  less,  ^-inch  internal  diameter. 
For  all  houses,  9  to  18  rooms,  f-inch  internal  diameter. 
For  all  houses,  more  than  18  rooms,  f-inch  internal  diameter. 

For  hotels,  manufacturing  establishments,  or  public  buildings, 
requiring  a  larger  supply,  the  size  of  the  ferrule  will  be  increased 
in  proportion  to  the  estimated  amount  of  water  to  be  used. 


120  LAKE  VIEW  WATER  WORKS. 

Street  service  pipes  must  be  ^-inch  larger  than  the  ferrule,  and 
the  allowed  weight  of  pipe  used  in  plumbing  houses  will  be 
found  in  the  following  table  "A." 

Thirty-seventh.  All  bills  must  be  paid  promptly  when  due, 
and  all  officers  of  the  Water  Works  are  positively  prohibited 
from  allowing  credit  to  any  one. 

Thirty-eight.  Pipes  of  two  inches  or  more  shall  be  made  of 
iron. 

Thirty-ninth.  For  a  violation  of  any  of  these  rules  and  reg- 
ulations, or  such  others  as  the  Board  of  Trustees  may  hereafter 
adopt,  the  Board  reserves  the  right  to  stop  the  supply  of  water, 
without  any  preliminary  notice,  nor  will  it  be  restored  until  all 
back  rent  and  damages  shall  be  paid,  together  with  one  dollar 
for  the  expense  of  turning  off  the  water  and  one  dollar  for  turning 
it  on  again ;  and  upon  a  satisfactory  understanding  with  the  par- 
ty that  no  further  cause  of  complaint  shall  arise.  And  the  Board 
of  Trustees  hereby  reserves  to  itself  the  full  right,  power  and 
authority  to  cut  off'  the  supply  of  water  at  any  time,  without  in- 
curring any  liability  or  cause  of  action  for  damages  of  any  kind, 
any  permit  granted  or  regulation  to  the  contrary  notwithstand- 
ing. In  case  of  a  second  violation  of  the  regulations  by  any 
person,  the  Superintendent  of  Water  Works  may  cause  the  fer- 
rule to  be  drawn.  Should  this  be  done,  a  charge  of  three  dol- 
lars will  be  made  for  re-inserting  it. 

Fortieth.  All  permits  for  use  of  water  shall  be  granted  only 
upon  the  express  condition  that  if,  from  any  cause,  the  supply 
of  water  should  fail,  no  damage  shall  be  claimed  by  the  person 
or  persons  to  whom  they  are  given. 

SEC.  10.  Any  person  who  shall  violate  any  or  either  of  the 
rules  and  regulations  for  the  government  of  water-takers  or 
plumbers,  specified  in  Section  9,  shall,  upon  conviction,  in  ad- 
dition to  the  enforcement  of  the  forfeitures,  liabilities,  stipula- 
tions and  reservations  therein  contained,  pay  a  fine  of  not  less 
than  three  dollars  nor  more  than  one  hundred  dollars. 


LAKE  VIEW  WATER  WORKS. 


121 


SEC.  11.     The  following  weights  of  pipe,  water  rates  and 
meter  rates  are  hereby  adopted : 

TABLE  A, 

Showing  size  and  weight  of  street  service  pipe,  and  weight  per 
foot  of  lead  pipe  allowed  in  plumbing  houses : 


EXTRA  STRONG. 

STRONG. 

Size  of  Pipe. 

Weight  of  Sheet  Ser- 
vice Pipe,  per  foot. 

Weight  of  House  Ser- 
vice Pipe,  per  foot. 

f-inch. 

2lbs.    Ooz. 

1  Ib.     8  oz. 

^-inch. 

2  Ibs.    8  oz. 

1  Ib.    12  oz. 

|-inch. 

3  Ibs.    0  oz. 

2  Ibs.    8  oz. 

f-inch. 

3  Ibs.    8  oz. 

3  Ibs.    0  oz. 

1-inch. 

4  Ibs.  12  oz. 

4  Ibs.    0  oz. 

l|-inch. 

6  Ibs.    0  oz. 

4  Ibs.  12  oz. 

lij-inch. 

7  Ibs.    8  oz. 

6  Its.    Ooz. 

If  -inch. 

8  Ibs.    0  oz. 

6  Ibs.    8  oz. 

2-inch. 

9  Ibs.    0  oz, 

8  Ibs.    0  oz. 

SCALE  OF  ANNUAL  WATER  RATES  FOR  ALL  PRIVATE 
DWELLING  HOUSES, 

PER  ANNUM. 

House  of  1  story,  6  rooms  or  less $5  00 

"  "         each  additional  room, 


1  00 
7  00 
1  00 
10  00 
1  00 


11  2    "  10  rooms  or  less 

"  "  each  additional  room, 

"  3    "  10  rooms  or  less 

"  "  each  additional  room, 

All  finished  basements  shall  be  taken  as  one  story  additional. 

The  family  occupying  the  dwelling  house  to  number  not  more 
than  ten  persons ;  for  each  person  beyond  that  number,  fifty 
cents  per  year  shall  be  charged.  Dwelling  houses  occupied  by 
more  than  one  family  shall  be  charged  as  follows : 


122  LAKE  VIEW  WATER  WORKS. 

The  second  family,        -       -        one-third  of  the  regular  rates. 
"     third         "  one-fourth     " 

"     fourth       "  one-eighth     "      ,    " 

Each  family  over  four  families,    one-eighth     " 

Or,  extra  families  shall  be  charged  such  rates  as  may  be  de- 
termined upon  in  the  discretion  of  the  Board. 

And  the  Board  of  Trustees  do  further  establish  that  the 

EXTRA  AND  MISCELLANEOUS  RATES 
shall  be  as  follows  : 

PER  ANNUM. 

Stores  and  places  of  business  occupied  by  one 

party  when  not  over  25  feet  front,  $6  00 
For  each  additional  10  ft.  front  or  part  thereof,  3  00 
When  by  more  than  one  party,  dwelling  house  rates. 
Bakeries,  10  00 
Offices  of  professional  persons,                    from  $3  00  to  5  00 
Saloons,  in  addition  to  building,  6  00 
Hotels,  in  addition  to  the  regular  rates  for  private  fam- 
ilies, each  room,       -  1  00 
Taverns  and  boarding  houses,  in  addition  to  regular 

rates  for  private  families,  each  room,  1  00 

Bathing  tubs,      -  3  00 

u           "     (private  dwelling  of  one  family,)  2d  tub,  2  00 

"           "           "             "       over  two,  each  1  00 

"     (public,)  each,  6  00 

Water  closets,  3  00 

"         "         (private  dwelling  of  one  family,)  2d,  2  00 

"                    (     "                     over  two     "     )  each,  1  00 

"'        "         (public,)                                                 -  6  00 

Urinals,  first,  3  00 

(private  dwelling  of  one  family,)  2d,     -  2  00 

"         over  two,  each,                                                  -  1  00 

Building  purposes, — for  each  1000  brick,  5  cts. 

"  "        — for  each  cord  of  stone,  6    " 

For  each  100  square  yds.  plastering,  15   " 


LAKE  VIEW  WATER  WORKS.  123 

PER  ANNUM. 

Steam  engines,  each  horse  power,  ten  hours  per  day,         5  00 
Printing  offices,  according  to  the  number  of  persons,  (not 

including  steam  engines.)  from  $6.00  to  40  00 

Printing  offices, — first  power  press,  6  00 

"      —balance          "  4  00 

—hand  2  00 

Private  stable,  for  each  horse,  1  00 

Livery  stables,  (includ.  washing  of  carriages,)  each  horse,  2  00 
Dray  and  team  horses,  -       1  00 

Street  sprinklers,  for  each  tub,  per  month,         $20.00. 
Brewers,  for  each  100  gallons  taken,  .02. 

Distilleries,     "       "  -      .02. 

Gas  Works,  from  $100.00  to  300  00 

Fountains,  one-sixteenth  of  an  inch  jet,  in  use  four 

months  in  the  year,  average  use  three  hours  per  day,  15  00 
Fountains,  one  eighth  of  an  inch  jet,  in  use  four  months 

in  the  year,  average  use  three  hours  per  day,  60  00 

Vegetable  fountains,  each,  3  00 

Work  shops  for  ten  persons  or  under,  3  00 

Manufactories,  frontage,  '-  6  00 

Each  additional  person  over  ten,  25 

All  manufacturing  and  other  business  requiring  a  large  sup- 
ply of  water,  are  to  be  charged  therefor  per  100  gallons,  at  the 
average  estimated  quantity  during  the  year.  The  year  to  be 
estimated  at  300  days,  as  follows : 

When  the  quantity  used  averages  from  200  to  300  gallons 
per  day,  at  the  rate  of  4  cents  per  100  gallons. 

When  the  quantity  used  averages  from  300  to  1,000  gallons 
per  day,  at  the  rate  of  3|  cents  per  100  gallons. 

When  the  quantity  used  averages  from  1,000  to  5,000  gal- 
lons per  day,  at  the  rate  of  3  cents  per  100  gallon?. 

When  the  quantity  used  averages  from  5,000  to  10,000  gal- 
lons per  day,  at  the  rate  of  2  cents  per  100  gallons. 


124  LAKE  WIEW  AVATER  WORKS. 

When  the  quantity  used  exceeds  10,000  gallons  per  day,  the 
price  will  in  no  case  be  less  than  1  cent  per  100  gallons. 

For  the  right  to  attach  hose  of  not  more  than  |-  of  an  inch  or- 
ifice, for  washing  windows,  sprinkling  lawns  and  gardens : 

50  feet  front, $3  00 

50  feet  front  to  100  feet  front, 5  00 

100  feet  front  to  200  feet  front, 10  00 

Special  rates  for  a  greater  frontage  than  200  feet. 
Also  for  market  gardens,  cemeteries,  nurseries  and  green- 
houses. 

Meter  rates,  per  1000  gallons, 20  cts. 

When  the  water  is  measured  by  meter,  the  bills  must  be  paid 
monthly ;  the  amount  of  water  used  will  determine  the  price 
to  be  paid  for  each  month.  If  the  water  used  during  the  month 
amounts  to  200,000  gallons  or  less,  the  rate  will  be  20  cents 
for  each  1,000  gallons.  If  the  water  used  during  the  month 
amounts  to  1,200,000  gallons  or  more,  the  rate  will  be  10  cents 
per  each  1,000  gallons.  The  price  of  all  monthly  amounts  be- 
tween 200,000  gallons  and  1,200,000  will  rise  uniformly  from 
$40,  the  price  of  200,000  to  $120,  the  price  of  1,200,000,  as 
follows : 

200,000, $40  00  600,000, $72  00  1 ,000,000,  .  .$104  00 

300,000, 48  00  700,000, 80  00  1,100,000,  . .  112  00 

400,000, 56  00  800,000, 88  00  1,200.000,  . .  120  00 

500,000 64  00 

The  price  of  any  number  of  gallons  between  200,000  and 
1,200,000  shall  be  arived  at  by  multiplying  the  excess  of  the 
number  of  thousands  over  200  by  8  cents,  and  adding  the  pro- 
duct to 


SEC.  12.  When  water  meters  are  furnished  by  the  town, 
an  annual  charge  for  the  use  of  same  shall  be  made  and  collected 
in  the  same  way  as  the  water  rents,  as  follows : 

For  f-inch  pipe, $3  00 

For  1-inch  pipe, 5  00 

For  1  J-inch  pipe, 6  00 

For  2-inch  pipe, 7  00 

For  3-inch  pipe, 14  00 


LAKE  VIEW  WATER  WORKS.  125 

SEC.  13.  SPECIFICATIONS  FOR  LAYING  WATER  PIPES. — 
Lines  of  pipes  to  be  laid  at  such  times  and  in  such  streets,  or 
parts  thereof,  as  the  Board  of  Trustees,  or  their  Engineer, 
shall  direct. 

In  digging  trenches,  the  surface  covering  of  improved  streets 
shall  be  carefully  removed  and  deposited  in  such  a  manner  as 
not  to  be  mixed  with  the  deeper  excavations,  and  not  to  ob- 
struct necessarily  the  streets. 

The  remaining  materials  to  be  excavated  shall  be  deposited 
on  one  side,  and,  at  least,  two  feet  from  the  edge  of  the  trench. 

All  trenches  shall  be  excavated  in  advance  of  the  pipe  lay- 
ing as  far,  and  only  as  far,  as  required  by  the  Board  or  their 
Engineer.  The  trenches  shall  be  dug  of  sufficient  width,  and 
joint  holes  shall  be  dug  at  the  bell  end  of  each  pipe,  of  suffi- 
cient depth  to  allow  of  convenient  access  to  the  joint  upon  all 
sides,  and  the  trenches  shall  be  kept  clear  and  free  from  water, 
or  cavings,  until  the  pipes  are  laid  and  calked. 

No  pipes  shall  be  laid  less  thanfive  and  one-half  feet  from 
the  surface,  unless  otherwise  ordered  by  the  Board  of  Trustees. 

All  connections  of  water  pipes,  specials  and  fixtures,  to  be 
made  with  lead  joints  in  the  most  careful  manner,  as  follows: 
The  pipes  having  first  been  swabbed  out  clean ;  after  the  pipes 
have  been  put  in  place  there  will  be  first  used  a  sufficient  quan- 
tity of  sound  rope  gasket,  properly  driven  into  either  the  hub 
or  sleeve,  as  the  case  may  be,  to  a  good  and  hard  seat  around 
said  pipes,  or  spigot  end,  and  in  said  hub  or  sleeve ;  then  there 
will  be  poured  into  and  on  said  gasket  moulten  lead,  to  be, 
when  cold,  not  less  than  two  inches  in  depth,  extending  into 
the  hub  or  sleeve,  after  which,  the  joint  so  made  shall  be  calk- 
ed in  the  most  perfect  manner,  the  said  joints  completed  to 
remain  water  tight  for  the  space  of  one  year  from  the  accept- 
ance of  the  work,  as  hereafter  provided. 

The  back  filling  shall  be  carefully  done,  by  ramming  the 
earth  or  sand  under  or  around  the  said  pipes  and  connections, 


126  LAKE  VIEW  WATER  WORKS. 

giving  them  a  good  and  suitable  bearing,  the  remainder  of  the 
trench  to  be  filled  in  layers  and  thoroughly  rammed,  or  thor- 
oughly wet  with  water;  surplus  earth  remaining  shall  be  re- 
moved by  the  contractor  and  deposited  in  such  places  as  will 
be  directed  by  the  Board,  or  their  Engineer,  or  be  spread  uni- 
formly over  the  surface  of  the  street,  as  the  Engineer  may 
direct. 

In  improved  streets,  after  the  trench  has  been  thoroughly 
filled,  and  had  time  to  settle,  all  surface  material  removed  shall 
be  carefully  replaced,  so  as  to  leave  the  street  in  as  good  con- 
dition as  before  the  trench  was  dug. 

When  culverts  or  drains  are  disturbed,  the  contractor  shall 
be  required  to  restore  them  to  their  original,  or  to  as  good  a 
state,  in  all  respects,  as  they  were  in  before  being  disturbed, 
-without  any  extra  charge  therefor.  In  all  cases,  when  bracing 
to  prevent  caving  of  the  banks  is  necessary,  the  contractor 
shall  make  no  extra  charge  therefor. 

The  contractor  shall  be  liable  for  all  damages  occasioned  by 
the  digging  up,  use,  or  occupancy  of  any  street,  or  public 
ground,  or  which  may  result  from  the  carelessness  of  such  con- 
tractor, his  agents,  employees  or  workmen,  or  from  neglect  to 
maintain  suitable  barriers  and  signals  of  warning,  by  night  or 
by  day. 

The  contractor  will  be  required  to  keep  in  good  repair  and 
condition,  for  six  months  after  the  completion  of  his  work,  all 
streets,  pavements,  and  surfaces,  so  far  as  they  may  settle  or 
otherwise  be  injured  in  the  consequence  of  defective  work,  or 
backfilling  said  trenches,  and  restoring  said  streets,  pavements 
and  surfaces. 

Pipes  for  putting  in  fire  hydrants,  shall  be  laid  by  the  con- 
tractor whenever  required,  and  shall  be  paid  for  at  the  same 
rate  as  for  pipes  of  the  size  used  for  the  hydrant  connections. 

After  the  pipes  have  been  laid  and  connected  together  in 
the  trenches,  together  with  all  valves,  hydrants  and  specials  of 
every  kind  required  to  complete  the  pipes,  or  mains,  for  use  as 


LAKE  VIEW  WATER  WORKS.  127 

intended,  for  fire  or  domestic  service,  there  will  be  a  test  made 
by  hydraulic  pressure,  not  to  exceed  175  pounds  to  the  square 
inch,  which  test  will  be  constantly  applied,  until  all  of  the 
pipes,  valves,  hydrants  and  specials,  are  found  to  maintain 
safely  the  direct  pressure  of  175  pounds  to  the  square  inch. 
All  of  the  aforesaid  work  to  be  done  and  completed  in  the 
most  careful  and  workmanlike  manner. 


CHAPTER   XXXII. 
REPEAL. 

1 .  Repealing  clause.  2.  What  repealing  act  does  not 

affect. 

SECTION  1.  All  ordinances,  or  parts  of  ordinances,  hereto- 
fore passed  by  the  Board  of  Trustees  of  the  Town  of  Lake 
View,  in  relation  to  the  subject  matter  of,  or  inconsistent  with, 
any  of  the  provisions  of  these  Revised  Ordinances,  are  hereby 
repealed. 

SEC.  2.  The  repeal  of  ordinances,  and  parts  of  ordinances, 
menttoned  in  the  preceding  section,  shall  not  affect  any  act 
done,  or  any  rights  accrued  or  established,  or  any  suit,  action, 
or  proceeding  had  or  commenced  in  any  court  before  the  time 
when  said  repeal  shall  take  effect,  nor  any  offense  committed, 
nor  any  penalty  or  forfeiture  incurred,  nor  any  suit  or  prose- 
cution pending  for  the  recovery  of  any  fine  or  penalty  incurred 
under  any  ordinance  so  repealed. 

Passed  and  approved  March  17,  1879. 

JOHN  N.  HILLS,  President. 


STATE  OP  ILLINOIS, 

COUNTY  OF  COOK, 

TOWN  OP  LAKE  VIEW.  J  I,  JAMES  J.  WILSON,  Town  Clerk  of  the 

Town  of  Lake  View,  do  hereby  certify  that  the  foregoing  thirty-two 
Chapters  are  true  copies  of  the  Revised  Ordinances,  as  arranged  by 
the  Committee  on  Revision  in  Sections  and  Chapters,  entitled  "  Laws 


128 


REPEAL. 


and  Ordinances  governing  the  Town  of  Lake  View,"  and  as  passed 
by  the  Board  of  Trustees  of  said  town,  and  approved  by  the  Presi- 
dent of  said  Board,  on  the  17th  day  of  March  A.  D.  1879. 


IN  WITNESS  whereof,  I  have  hereunto 
set  my  hand  and  the  corporate  seal 
of  said  town,  this  18th  day  of  March, 
A.  D.  1879. 

JAMES  J.  WILSON, 

Town  Clerk  of  said  Town  of  Lake  View. 


ORDINANCES 


RELATING  TO 


CEMETERIES. 


Relating  to  Cemeteries. 


1.  Where  interments  prohibited 

2.  Not  establish  cemeteries. 

3.  Boundaries  of  Graceland 

Cemetery. 


4.  Where  interments  are  lawful. 

5.  Penalty. 

6.  What  repealed. 


BE  IT  ORDAINED  BY  THE  BOARD  or  TRUSTEES  OF  THE  TOWN 
OF  LAKE  VIEW. 

SECTION  1.  That  no  corpse  shall  be  interred  in  any  place 
within  the  limits  of  said  town,  not  legally  established  and  actu- 
ally used  as  a  cemetery  on  the  5th  day  of  March,  1867,  or  in 
any  place  nnt  lying  within  the  enclosure  of  a  cemetery  in  said 
town,  as  such  enclosure  was  standing  on  said  day,  except  as 
hereinafter  provided  and  allowed. 

The  interment  of  any  dead  body  in  any  place  where  inter- 
ments are  prohibited  by  this  ordinance,  is  hereby  declared  to 
be  a  nuisance. 

SEC.  2.  No  corporation,  person  or  persons,  shall  use,  open, 
establish  or  locate  any  cemetery  in  said  Town  of  Lake  View, 
unless  the  Board  of  Trustees  of  said  town  shall  first,  by  ordi- 
nance, fix  and  determine  the  location  and  boundaries  of  such 
cemetery. 

SEC.  3.  The  boundaries  of  Graceland  Cemetery  are  hereby 
fixed  as  follows :  Commencing  at  the  intersection  of  the  east 
line  of  the  Green  Bay  Road  and  the  north  line  of  Graceland 
Avenue  in  said  town,  running  thence  east  along  the  north  line 
of  said  Avenue  to  the  east  line  of  Lot  Twenty  in  Iglehart's 
Subdivision  of  the  west  half  of  the  south-east  quarter  of  Sec- 
tion Seventeen  —  thence  north  to  the  north-east  corner  of  Lot 
Nineteen  in  said  Subdivision  —  thence  west  along  the  north 
line  of  said  Lot  Nineteen  to  the  east  line  of  the  south-west 


132  RELATING  TO  CEMETERIES. 

quarter  of  said  Section  Seventeen  —  thence  north  along  said 
east  line  to  the  south  line  of  Sulzer  Street — thence  west  along 
said  south  line  to  the  west  line  of  the  east  half  of  said  south- 
west quarter  —  thence  south  along  said  west  line  thirty-eight 
rods,  more  or  less,  to  the  south-east  corner  of  a  parcel  of  land 
formerly  belonging  to  Conrad  Sulzer — thence  west  along  the 
south  line  of  said  Sulzer  tract  to  the  east  line  of  the  Green 
Bay  Road  —  thence  south-easterly  along  the  east  line  of  said 
Road  to  the  place  of  beginning. 

SEC.  4.  It  shall  be  lawful  to  inter  dead  bodies  within  the 
limits  above  fixed  and  prescribed  of  said  Graceland  Cemetery, 
and  also  within  the  limits  as  the  same  legally  existed  on  the 
5th  day  of  March,  1867,  of  all  other  cemeteries  in  said  Town 
of  Lake  View,  under  such  regulations  as  may  from  time  to 
time  be  made  by  said  Board  of  Trustees,  but  the  burial  of  any 
corpse  outside  ot  such  limits  shall  be  deemed  a  violation  of  the 
first  or  second  sections  of  this  ordinance. 

SEC.  5.  If  any  person  or  corporation  shall  violate  any  of 
the  provisions  of  this  ordinance,  he  shall  be  deemed  guilty  of 
committing  a  nuisance,  and  shall  be  fined,  on  conviction  there- 
of, not  exceeding  one  thousand  dollars,  or  imprisoned  not  ex- 
ceeding six  months,  or  both,  in  the  discretion  of  the  court. 

It  shall  be  lawful  for  the  court  to  order  the  offender  to  dis-iriter 
any  and  all  dead  bodies  that  he  may  be  proven  to  have  buried, 
or  caused  to  be  buried,  contrary  to  the  provisions  of  this 
ordinance,  and  to  enforce  obedience  to  sucn  order  by  fine  or 
imprisonment,  or  both. 

It  shall  be  lawful  for  the  Police,  or  other  persons,  under  the 
directions  of  the  Board  of  Trustees,  to  dis-inter  any  corpse 
buried  contrary  to  the  provisions  of  this  ordinance,  or  to 
remove  and  re-inter  the  same  within  the  bounds  of  any  lawful 
cemetery. 

SEC.  6.  All  ordinances  relating  to  cemeteries  heretofore 
passed  by  said  Board  of  Trustees,  shall  remain  in  full  force, 


RELATING  TO  CEMETERIES.  133 

•except  as  to  provisions  thereof  inconsistent  with  the  provisions 
of  this  ordinance,  which  provisions  thereof,  so  inconsistent,  are 
hereby  repealed. 

Adopted  February  3d,  1879. 

JOHN  N.  HILLS,  Supervisor 
Of  the  Town  of  Lake  View. 

Attest :  JAMES  J.  WILSON,  Town  Clerk 

Of  said  Town  of  Lake  View. 


AN  ORDINANCE. 
In  Regard  to  the  Extension  of  Graceland  Cemetery, 

WHEREAS,  the  Graceland  Cemetery  Company,  on  the  10th 
day  of  March  A.  D.  1879,  presented  to  the  Board  of  Trustees 
•of  the  Town  of  Lake  View,  an  application  for  leave  to  enlarge 
its  cemetery  according  to  the  terms  and  conditions  of.  the  fol- 
lowing proposition,  to-wit : 

"Provided  said  Town  of  Lake  View  shall  first,  and  prior  to 
''April  25th,  1879,  by  proper  and  valid  ordinance,  under 
"  authority  of  a  vote  of  the  people  of  said  town,  as  provided 
"in  and  by  the  Act  of  March  29th,  1869,  amendatory  of  the 
"charter  of  Lake  View,  authorize  said  Graceland  Cemetery 
"Company  to  extend  the  limits  of  Graceland  Cemetery  to 
"  include  for  burial  purposes  the  following  lands  in  Lake  View, 
"to-wit:  That  part  of  the  north  half  (J)  of  the  north-west 
"  quarter  (^)  of  the  south-west  quarter  (|-)  of  Section  Seven- 
teen (17),  Township  Forty  (40),  North  Range  Fourteen  (14) 
"East  of  3rd  P.  M.,  lying  east  of  the  Green  Bay  Road;  and 
"  Lots  Three  (3),  Four  (4),  Seven  (7),  Eight  (8),  Eleven  (11), 
"  Twelve  (12),  Fifteen  (15)  and  Sixteen  (16)  of  Iglehart's  Sub- 
"  division  of  the  west  half  (|)  of  the  south-east  quarter  (£)  of 
"  Section  Seventeen  aforesaid. 


134  EXTENSION  OF  GRACELAND  CEMETERY. 

"  Said  Graceland  Cemetery  Company  will  thereupon,  by 
"means  effectual  for  such  purpose,  accept  the  boundaries  thus 
"extended  as  the  fixed  limits  of  Graceland  Cemetery,  and 
"  relinquish  absolutely  all  claim  and  intention  to  use  or  acquire 
"for  burial  purposes  any  other  land  in  the  Town  of  Lake 
"  View. 

"And  said  Cemetery  Company  will  alsp,  before  the  next 
"  annual  sale  for  State  and  County  taxes,  pay  all  taxes  (in- 
"  eluding  Lincoln  Park  tax),  levied  and  assessed  upon  its 
"lands,  not  now  enclosed  for  cemetery  purposes,  for  the  years 
"1875,  1876,  1877  and  1878. 

"And  said  Cemetery  Company  will  also,  in  case  of  such 
"  extension,  contribute  so  much  of  the  land  now  owned  by  said 
"  company,  or  which  shall  hereafter  be  acquired  by  said  com- 
"pany,  as  shall  be  required  for  the  purpose  of  continuing 
"  Stella  Street  sixty-six  feet  in  width  from  Graceland  Avenue 
"due  north  to  Sulzer  Street,  and  will  keep  free  from  actual 
"  interments  a  strip  of  its  lands  fifty  feet  in  width  along  the 
"west  line  of  Stella  Street  thus  extended,  and  plant  and  main- 
"tain  a  hedge,  or  row  of  trees,  along  said  street  line,  and  in 
"case  it  shall  purchase  for  burial  purposes  the  tract  of  land 
"first  above  mentioned,  known  as  the  "Sulzer  Tract,"  will 
"reserve  the  frontage  thereof  on  Sulzer  Street  and  Green  Bay 
"  Road  to  the  depth  of  ten  feet,  and  also  the  space  between 
"  said  road  and  street,  and  a  curved  red  line  as  shown  on  plats 
"  hereto  attached,  to  be  kept  free  from  burials,  and  used  for 
"  the  purpose  of  a  hedge  of  evergreens  or  other  trees  ;  and  said 
"  Cemetery  Company  will  not  construct  or  use  any  other  car- 
"riage  entrance  to  said  cemetery  than  the  one  now  in  use  at 
"the  south-west  corner  thereof." 

And,  whereas,  said  application  was  supported  by  the  peti- 
tion of  more  than  twenty  legal  voters  of  said  town,  and  there- 
after in  pursuance  of  the  statute  in  such  case  provided,  said 
Board  of  Trustees  caused  the  question  of  granting  said  appli- 
cation to  be  submitted  to  the  legal  voters  of  said  town,  at  the 
annual  election  of  town  officers,  held  in  said  town  on  the  first 


EXTENSION  OF  GRACELAND  CEMETERY.     .  135 

day  of  April,  A.  D.  1879,  and  a  large  majority  of  all  the  legal 
voters,  voting  at  such  election,  voted  in  favor  of  granting  said 
application  upon  the  terms  and  conditions  aforesaid ;  therefore, 

Be  it  ordained  by  the  Board  of  Trustees  of  the  Town  of  Lake 

View : 

SECTION  1.  That  the  Graceland  Cemetery  Company  have 
leave  to  enlarge  its  cemetery  to  the  extent,  and  upon  the  terms 
and  conditions,  set  forth  in  the  foregoing  proposition,  and  not 
further  or  otherwise. 

SEC.  2.  If  said  Cemetery  Company  shall  fail  to  keep  and 
perform  the  said  terms,  conditions  and  agreements  of  said 
proposition,  upon  which  said  extension  is  granted,  according 
to  the  true  intent  and  meaning  thereof,  then  and  thenceforth 
all  rights  and  privileges  hereby  granted,  shall  at  once  cease 
and  determine. 

Passed  and  approved  the  7th  day  of  April,  1879. 

JOHN  N.  HILLS,  President. 
Attest:  JAMES  J.  WILSON,  Town  Clerk, 

ToAvn  of  Lake  View. 


138  SALOON  LICENSES. 


AN  ORDINANCE 

IN  REGARD  TO  LICENSING  SALOONS. 


Be  it  ordained  by  the  Board  of  Trustees  of  the  Town  of  Lake 
View : 

SECTION  1.  That  the  Town  shall  be  divided  into  the  follow- 
ing seven  districts,  to-wit : 

District  No.  1.  All  that  part  lying  east  of  a  line  one  hun- 
dred and  twenty-five  (125)  feet  east  of  the  east  line  of  Halsted 
Street,  and  south  of  the  centre  line  of  Belmont  Avenue,  and 
north  of  the  centre  line  of  Fullerton  Avenue. 

District  No.  2.  All  that  part  lying  west  of  a  line  one  hun- 
dred and  twenty-five  (125)  feet  east  of  the  east  line  of  Halsted 
Street,  and  east  of  a  line  one  hundred  and  twenty-five  (125) 
feet  west  of  the  west  line  of  Southport  Avenue,  south  of  the 
centre  line  of  Belmont  Avenue,  and  north  of  the  centre  line  of 
Fullerton  Avenue. 

District  No.  3.  All  that  part  of  the  Town  of  Lake  View 
lying  south  of  the  centre  line  of  Belmont  Avenue,  and  north  of 
the  centre  line  of  Fullerton  Avenue,  not  already  provided  for 
in  Districts  Nos.  1  and  2. 

District  No.  4.  All  that  part  of  the  Town  of  Lake  View 
lying  north  of  the  centre  line  of  Belmont  Avenue,  and  south 
of  the  centre  line  of  Graceland  Avenue,  east  of  a  line  two  hun- 
dred (200)  feet  east  of  the  east  line  of  the  Green  Bay  Road. 

District  No.  5.  All  that  part  of  the  Town  of  Lake  View 
lying  north  of  the  centre  line  of  Belmont  Avenue,  and  south  of 
the  centre  line  of  Graceland  Avenue,  and  west  of  a  line  two 
hundred  (200)  feet  east  of  the  east  line  of  the  Green  Bay  Road. 

District  No.  6.  All  that  portion'of  the  Town  of  Lake  View 
lying  north  of  the  centre  line  of  Graceland  Avenue,  and  south 
of  the  centre  line  of  North  Fifty-ninth  Street,  and  co-extensive 
with  the  town  limits  east  and  west. 


SALOON  LICENSES.  139 

District  No.  7.  All  that  part  of  the  Town  of  Lake  View 
lying  north  of  the  centre  line  of  North  Fifty-Ninth  Street. 

SEC.  2.  Every  applicant  for  license  to  keep  a  saloon  or  place 
for  the  sale  of  whiskey,  brandy,  wine,  beer,  ale,  or  other  spir- 
ituous, vinous,  malt  or  mixed  liquors,  shall  present  a  petition  to 
the  Town  Clerk,  at  least  fifteen  days  before  the  annual  election 
for  town  officers,  specifying  therein  the  place  or  building  where 
the  applicant  wishes  to  open  and  keep  such  saloon  or  place ; 
and  thereupon  it  shall  be  the  duty  of  the  Clerk  to  give  public  no- 
tice of  all  such  applications,  at  least  ten  days  before  the  election, 
by  publication  in  some  newspaper  circulating  in  the  town,  and 
posting  not  less  than  three  notices  in  the  most  public  places  in 
the  district  in  which  the  applicant  desires  to  keep  such  saloon 
-or  place. 

SEC.  3.     Every  legal  voter  in  a  district  where  a  license  is 
asked,  may  vote  for  or  against  granting  each  license,  by  ballot, 
at  the  annual  election.     A  box  shall  be  provided  for  each  dis- 
trict, and  the  judges  of  election  shall  receive  and  deposit  ballots 
/presented  by  every  legal  voter  who  chooses  to  vote  on  the  ques- 
f\/\  tion  submited.     The  ballots  may  be  written  or  printed,  and 

state  in  substance,  "For  license  to ,"  "Against  license 

to ,"  naming  the  applicant.  The  ballots  shall  be  count- 
ed and  (Jonvassed,  as  nearly  as  practicable,  according  to  the 
rules  for  ascertaining  the  result  of  the  election  of  town  officers. 
The  judges  and  clerks  shall  certify  the  result  to  the  Board  of 
Trustees,  and  it  shall  be  recorded  by  the  Town  Clerk. 

SEC.  4.  When  a  majority  of  the  votes  cast  on  any  applica- 
tion is  in  favor  of  granting  a  license,  the  Board  of  Trustees  may 
order  a  license  to  issue,  and  when  a  bond  shall  be  given  by  the 
applicant  to  the  town,  in  the  penal  sum  of  five  hundred  dollars, 
with  at  least  two  sureties,  to  be  approved  by  the  Supervisor, 
•conditioned  that  the  applicant  will  faithfully  keep  and  observe 
the  laws  of  the  State  and  all  the  ordinances  relating  to  saloons, 
during  the  continuance  of  the  license,  and  the  sum  of  fifty  dol- 
lars and  Clerk's  fees  shall  be  paid,  the  Supervisor  and  Town 
Clerk  may  issue  a  license.  Every  license  shall  expire  on  the 


140  SALOON   LICENSES. 

first  day  of  May  in  the  year  following  the  election,  and  may  be 
revoked  by  the  Board  of  Trustees  for  a  breach  of  the  bond  or 
for  keeping  a  disorderly  place.  If  a  majority  of  the  votes  cast 
on  any  application  are  against  granting  the  license,  none  shall 
be  issued. 

SEC.  5.  The  provisions  of  Section  two  of  this  ordinance 
shall  not  apply  to  the  granting  of  licenses  expiring  the  first  day 
of  May,  A.  D.  1880,  but  every  person  desiring  a  license  to- 
keep  a  saloon  or  place  for  the  sale  of  whiskey,  brandy,  wine, 
beer,  ale  or  other  spirituous,  vinous,  malt  or  mixed  liquors, 
prior  to  the  first  day  of  May,  A.  D.  1880,  shall  present  a  peti- 
tion to  the  Town  Clerk  before  the  thirtieth  day  of  May,  A.  D. 
1879,  specifying  therein  the  place  or  building  where  the  appli- 
cant wishes  to  open  and  keep  such  saloon  or  place ;  and  there- 
upon it  shall  be  the  duty  of  the  Clerk  to  forthwith  give  public 
notice  of  all  such  applications  by  publication  in  some  newspaper 
,  circulating  in  the  town,  and  posting  not  less  than  three  notices 
in  the  most  public  places  in  the  district  in  which  the  applicant 
desires  to  keep  such  saloon  or  place.  Where  no  objection  by 
a  legal  voter  of  the  district  within  which  the  applicant  desires 
to  keep  such  saloon  or  place,  to  the  granting  of  such  application 
is  filed  with  the  Town  Clerk  on  or  before  .the  sixteenth  day  of 
June,  A.  D.  1879,  or  where  the  number  of  legal  voters  of  such 
district  petitioning  for  the  granting  of  such  application  is  great- 
er than  the  number  of  legal  voters  of  such  district  objecting  or 
remonstrating  against  the  granting  of  such  application,  in  such- 
case,  and  not  otherwise,  the  Board  of  Trustees  may  order  a  li- 
cense to  issue  upon  the  terms  and  conditions,  and  in  the  man- 
ner specified  in  Section  4  of  this  ordinance,  except  that  the  fee 
for  licenses  expiring  May  first,  A.  D.  1880,  shall  only  be  for- 
ty-one dollars  and  sixty-six  cents  ($41.66).  All  remonstrances 
must  be  filed  with  the  Town  Clerk  on  or  before  the  sixteenth 
day  of  June,  A.  D.  1879,  but  the  applicant  for  such  license 
may  have  further  time,  not  to  exceed  ten  days,  in  which  to  pro- 
cure signatures  of  the  legal  voters  in  his  district  who  are  favor- 
able to  his  application.  Petitions  and  remonstrances  must  con- 
tain the  full  name  and  residence  of  the  persons  signing  the  same- 


SALOON   LICENSES.  141 

All  licenses  granted  under  this  Section  shall  expire  on  the  first 
day  of  May,  A.  D.  1880. 

SEC.  6.  Every  person  who  shall  barter,  sell  or  give  away 
any  whiskey,  brandy,  wine,  beer,  ale  or  other  spirituous,  vin- 
ous, malt  or  mixed  liquors,  in  a  quantity  less  than  one  gallon, 
in  any  saloon,  drug  store,  restaurant,  eating  house,  grocery, 
grove,  garden,  or  place  of  business  in  the  town,  without  having 
a  license  according  to  the  terms  of  this  ordinance,  or  some  prior 
ordinance,  when  the  license  has  not  expired,  shall  be  considered 
and  deemed  guilty  of  committing  a  nuisance,  and  upon  convic- 
tion, be  punished  by  a  fine  of  not  less  than  ten  nor  more  than 
one  hundred  dollars,  and  to  be  committed  to  the  town  calaboose 
or  County  jail  until  the  fine  and  costs  are  paid.  Prosecutions 
for  a  violation  of  this  ordinance  may  be  made  in  any  court  of 
competent  jurisdiction. 

SEC.  7.  Every  person  keeping  a  saloon  in  the  Town  of 
Lake  View,  shall  cause  to  be  placed  on  the  outside  of  his  or  her 
place  of  business,  a  sign  indicating  the  nature  of  his  or  her 
*  business,  and  no  person  keeping  a  saloon  in  the  town  shall  erect 
or  use  any  sign  or  give  his  or  her  place  of  business  any  name 
or  designation  calculated  to  mislead  any  person  as  to  the  char- 
acter of  the  business  of  such  saloon  keeper.  Any  breach  of 
this  Section  shall  be  sufficient  cause  for  revoking  the  license  of 
the  person  guilty  of  such  offense,  and  the  offender  shall  also 
be  liable  to  a  fine  of  ten  dollars  for  each  day  during  which  such 
person  shall  disregard  the  provisions  of  this  section. 

SEC.  8.  All  previously  enacted  ordinances  conflicting  with 
any  of  the  provisions  herein  contained,  be  and  the  same  are 
hereby  repealed. 

SEC.  9.  This  ordinance  shall  take  effect  from  and  after  its- 
passage. 

Passed  and  approved  May  12,  1879. 

EDGAR  SANDERS,  President. 
Attest :  JAMES  J.  WILSON,  Town  Clerk. 


142  ADOPTING  PROVISIONS  OF  ARTICLE  NINE. 


AN   ORDINANCE 

Determining  to  adopt,  and  adopting,  the  provisions  of  Article 

Nine  of  an  Act  of  the  General  Assembly  of  the  State 

of  Illinois,  entitled  "  An  Act  to  provide  for  the 

incorporation  of  Cities  and  Villages," 

Approved  April   10,   1872: 


SECTION  1.  Whereas,  the  General  Assembly  of  the  State 
of  Illinois  did  pass  a  certain  Act  entitled  "An  Act  to  provide 
for  the  incorporation  of  Cities  and  Villages,"  which  Act  was 
approved  April  10,  A.  D.  1872 ;  and  whereas,  the  fifty-fourth 
section  of  said  Article  Nine  provides  as  follows  :  "  Sec.  54. 
"  Any  city  or  incorporated  town  or  village  may,  if  it  shall  so 
"  determine  by  ordinance,  adopt  the  provisions  of  this  Article, 
•"  without  adopting  the  whole  of  this  Act ;  and  where  it  shall 
"  have  so  adopted  this  Article,  it  shall  have  the  right  to  take 
"  all  proceedings  in  this  Article  provided  for,  and  have  the  ben- 
"  efit  of  all  the  provisions  hereof."  And  whereas,  the  Town 
of  Lake  View  is  desirous  of  adopting  the  provisions  of  said 
Article  Nine  (9),  without  adopting  the  whole  of  said  Act ; 
Therefore : 

Be  it  ordained  by  the  Board  of  Trustees  of  the  Town  of  Lake 
View : 

That  the  Town  of  Lake  View  hereby  determines  to 
adopt  the  provisions  of  Article  Nine  of  an  Act  of  the  General 
Assembly  of  the  State  of  Illinois,  entitled  "  An  Act  to  provide 
"  for  the  incorporation  of  Cities  and  Villages,"  approved  April 
10,  A.  D.,  1872,  and  that  all  the  provisions  of  said  Article 
Nine  of  said  Act  be,  and  the  same  are  hereby  adopted  and  de- 
clared to  be  a  part  and  parcel  of  the  organic  law  of  said  Town. 

Adopted  Sept.  16,  1872. 


ADVANCEMENT  OF  FUNDS.  143 


AN  ORDINANCE. 

In  regard  to  the  Advancement  of  Funds  necessary  to  pay  for 
the  whole  or  any  part  of  any  improvement 
ordered  by  special  assessment. 


Be  it  ordained  by  the  Board  of  Trustees  of  the  Town  of  Lake 
View : 

SECTION  1.  That  whenever  any  person  or  persons  shall  be 
desirons  or  willing  to  advance  the  funds  necessary  to  pay  for 
the  whole  or  any  part  of  any  improvement  ordered  by  this 
Board,  the  cost  of  which  is  to  be  defrayed  wholly  or  in  part  by 
special  assessment,  the  Supervisor  is  hereby  authorized  to  let 
the  contract  for  the  whole  or  a  part  of  such  improvement,  as 
the  case  may  be,  either  by  private  contract  or  to  the  lowest 
bidder,  as  he  may  deem  advisable,  and  to  receive  money  nec- 
essary to  pay  for  the  same,  issuing  therefor  certificates  of  in- 
debtedness, under  the  corporate  seal  of  the  town,  and  signed 
by  the  Supervisor  and  Town  Clerk ;  such  certificates  to  be 
payable  only  out  of  moneys  collected  upon  the  special  assess- 
ment or  assessments  levied,  or  to  be  levied,  to  pay  for  such  im- 
provement, and  each  certificate  shall  be  payable  pro  rata  with 
the  other  certificates  drawn  upon  the  same  fund,  or  out  of  the 
proceeds  of  the  assessment  levied  upon  special  parcels  of  land, 
as  may  be  stated  upon  its  face.  And  in  no  event  shall  the 
holder  of  any  certificate  be  entitled  to  claim  any  money  from 
any  other  fund  or  source  than  that  stated  in  his  certificate. 

SEC.  2.  The  Supervisor  is  hereby  authorized  to  issue  cer- 
tificates of  indebtedness,  under  the  seal  of  the  town,  signed  by 
himself  and  the  Town  Clerk,  for  moneys  advanced  for  general 
road  purposes  ;  such  certificates  to  be  payable  out  of  the  pro- 
ceeds of  the  tax  levied,  or  to  be  levied,  for  road  purposes. 


14-4;  ADVANCEMENT  OF  FUNDS. 

SEC.  3.  It  shall  be  the  duty  of  the  Town  Clerk  to  keep  a 
record  of  all  certificates  issued  by  virtue  of  this  ordinance, 
specifying  therein  the  date  and  amount  of  each  certificate,  and 
to  whom  and  out  of  what  fund  the  same  is  payable. 

Adopted  September  1,  1873. 


RIGHT  OF  WAY  TO 

Chicago  and  North-Western  Railway  Company, 

Be  it  ordained  by  the  Board  of  Trustees  of  the  Town  of  Lake 
View,  Cook  County,  Illinois: 

First.  That  the  right  of  way  is  hereby  granted  to  the 
Chicago  and  North- Western  Railway  Company,  the  lessee  of 
the  Chicago  and  Milwaukee  Railway  Company,  over  and  along 
Western  Avenue,  from  the  southern  to  the  northern  termi- 
nus thereof,  as  the  same  is  laid  out  on  the  recorded  plan  of 
Mount  Pleasant  Sub-division  of  the  South  one-half  (J)  of  the 
South-east  quarter  (£)  of  the  North-east  quarter  (^)  of  Section 
Seven  (7),  Township  Forty  (40),  North  Range  Fourteen  (14), 
East,  twenty -five  (25)  feet  in  width  off  from  the  west  side  of 
said  Avenue,  and  adjoining  the  east  side  of  the  right  of  way 
of  said  Chicago  and  Milwaukee  Railway  Company,  now  occu- 
pied, used  and  controlled  by  the  said  Chicago  and  North- 
Western  Railway  Company,  for  the  uses  and  purposes  of  main- 
taining and  operating  a  railroad  thereon,  including  the  laying 
down  and  maintaining  of  a  railroad  track  or  tracks  thereon, 
and  using  the  same  for  the  purposes  of  a  railroad,  so  long  as 
the  said  Chicago  and  North-Western  Railway  Company,  its 
successors  and  assigns,  shall  maintain  or  operate  a  railroad 
thereon,  or  on  any  part  thereof. 

Adopted  November  28,  1874. 


ISSUING  BONDS  FOR  WATER  WORKS.  145 


AN  ORDINANCE 

In  regard  to  the  issuing  of  Bonds  for  the  Construction  and 
Maintenance  of  the  Lake  View  Water  Works. 


Be  it  ordained  by  the  Board  of  Trustees  of  the  Town  of  Lake 
View : 

SECTION  1.  That  interest-bearing  coupon  Bonds,  to  the 
amount  of  one  hundred  and  twenty-five  thousand  dollars,  be 
issued. by  the  Town  of  Lake  View,  said  Bonds  to  be  each  for 
the  principal  sum  of  one  thousand  dollars,  payable  on  the  first 
day  of  July,  A.  D.  1895,  to  bear  date  the  first  day  of  July, 
A.  D.  1875,  to  be  numbered  consecutively  one  to  one  hundred 
and  twenty-five  inclusive,  to  bear  interest  at  the  rate  of  seven 
per  cent,  per  annum  from  the  date  thereof,  the  interest  to  be 
payable  on  the  first  day  of  January  and  first  day  of  July  in 
each  year,  upon  the  presentation  and  surrender  of  the  proper 
interest  coupons,  the  interest  to  be  evidenced  by  forty  coupons 
attached  to  each  Bond,  to  be  numbered  consecutively,  and  each 
coupon  to  bear  the  number  of  the  Bond  to  which  it  is  attached ; 
the  first  coupon  on  each  Bond  to  be  payable  January  first, 
A.  D.  1876,  the  second  coupon  to  be  payable  July  first,  A.  D. 
1876,  and  so  on,  each  coupon  being  payable  six  months  after 
the  preceding  one;  both  principal  and  interest  of  said  Bonds 
to  be  payable  at  the  American  Exchange  National  Bank  in  the 
city  of  New  York.  Said  Bonds  shall  be  signed  by  the  Presi- 
dent of  the  Board  of  Trustees  of  the  town,  countersigned  by 
the  Town  Clerk  and  attested  by  the  corporate  seal  of  said 
Town  of  Lake  View,  and  shall  be  known  and  designated  as 
"  Town  of  Lake  View  Water  Bonds;"  the  coupons  attached  to 
said  Bonds  shall  be  signed  by  the  President  of  the  Board  of 
Trustees,  and  countersigned  by  the  Town  Clerk. 


146  ISSUING  BONDS  FOR  WATER  WORKS. 

SEC.  2.  The  proceeds  arising  from  the  sale  of  said  Bonds 
shall  be  placed  in  the  treasury  of  said  town,  to  the  credit  of  a 
fund  to  be  known  as  "Water  Works  Fund,"  and  shall  be  used 
for  the  purpose  of  providing  a  supply  of  water  for  fire  protec- 
tion and  for  the  use  of  the  inhabitants  of  said  town,  by  the 
erection,  construction  and  maintaining  of  a  system  of  water 
works,  and  for  no  other  purpose. 

SEC.  3.  That  an  annual  tax  sufficient  to  pay  the  interest 
on  said  Bonds  as  the  same  shall  become  due  according  to  the 
terms  thereof,  and  sufficient  also  to  provide  an  adequate  sink- 
ing fund  for  the  final  payment  of  the  principal  sum  of  said 
Bonds  herein  provided  for,  on  the  first  day  of  July,  A.  D. 
1895,  to-wit :  The  sum  of  thirteen  thousand  dollars  be  assess- 
ed and  levied  annually  hereafter  on  the  taxable  property  of  the 
Town  of  Lake  View,  and  that  said  sum  of  thirteen  thousand 
dollars  be  included  annually  in  the  certificate  filed  with  the 
County  Clerk,  of  the  amount  required  to  be  raised  by  taxation 
in  said  town. 

SEC.  4.  That  said  Bonds  may  be  registered  at  the  Ameri- 
can Exchange  National  Bank  in  the  city  of  New  York,  and 
Bonds  so  registered  will  be  transferable  only  by  the  endorse- 
ment of  the  person  or  persons  in  whose  name  the  same  may 
be  so  registered,  or  his,  her  or  their  executors,  administrators 
or  assigns. 

SEC.  5.  It  shall  be  the  duty  of  the  Board  of  Trustees  of 
said  town  to  invest  the  money  belonging  to  the  sinking  fund 
in  this  ordinance  provided  for,  in  interest-bearing  bonds  of  the 
United  States,  County  of  Cook,  or  City  of  Chicago,  or  to  use 
the  same  for  the  purchase  or  retirement  of  the  "  Town  of  Lake 
View  Water  Bonds ' '  herein  provided  for,  and  said  iponey  shall 
be  used  in  no  other  manner  whatsoever. 

SEC.  6.  Whenever  any  of  the  "  Town  of  Lake  View  Water 
Bonds"  shall  have  been  purchased,  as  provided  for  in  the  fifth 
section  of  this  ordinance,  said  Bonds  so  purchased  shall  be 


ISSUING  BONDS  FOR  WATER  WORKS.  147 

cancelled,  and  evidence  of  said  cancellation  be  exhibited  to  the 
Board  of  Trustees  of  said  town. 

SEC.  7.  That  the  credit  of  the  Town  of  Lake  View  be,  and 
the  same  is  hereby,  irrevocably  pledged  to  the  payment  of  any 
and  all  of  said  Bonds  in  this  ordinance  provided  for,  and  the 
interest  thereon. 

Adopted  June  21,  1875. 


148  NOTE. 


NOTE 


The  following  Laws  and  Ordinances,  embracing  twelve 
chapters  of  miscellaneous  ordinances,  an  ordinance  entitled 
"Sidewalk  Ordinance,"  and  an  ordinance  entitled  "An  Ordi- 
nance to  License  Vehicles  in  the  Town  of  Lake  View,"  which 
were  published  in  the  year  1869,  in  pamphlet  form,  by  author- 
ity of  the  Board  of  Trustees  of  the  Town  of  Lake  View,  are 
now  republished  by  order  of  said  Board ;  a  portion  of  them 
have  been  legalized  by  the  Legislature  of  the  State  of  Illinois, 
by  an  act  entitled  "An  Act  to  amend  the  Act  Jo  incorporate 
a  Board  of  Trustees  for  the  Town  of  Lake  View,  in  Cook 
County;  approved  February  16,  1865,"  approved  March  5, 
1867,  as  appears  in  Section  15  of  said  Act,  and  still  remain 
in  force,  except  so  far  as  repealed  by  the  chapter  entitled 
"  Repeal  of  the  Revised  Ordinances,  passed  and  approved 
March  17,  1879." 

JOHN  N.  HILLS,      \  Committee  on  Revision 
JAMES  J.  WILSON,  j         of  Ordinances. 

LAKE  VIEW,  March  17,  1879. 


LAWS  AND  ORDINANCES  : 

OF   THE 

TOWN  OF  LAKE  VIEW, 


1869, 
i. 

MEETINGS  OF  THE  BOARD  OF  TRUSTEES. 

Be  it  ordained  by  the  Board  of  Trustees  of  the  Town  of 
Lake  View,  That  the  regular  meetings  of  the  Board  of  Trus- 
tees shall  be  held  on  the  evening  of  the  first  Monday  in  every 
month,  at  the  Town  Hall,  or  at  such  other  place  as  the  Board 
of  Trustees  shall  from  time  to  time  appoint.  Any  regular 
meeting  may  be  adjourned  to  such  time  and  place  as  the  Board 
shall  order.  Meetings  may  be  called  by  the  President  or  any 
two  or  the  Trustees,  of  which  notice  shall  be  given  to  each 
member  of  the  Board,  in  person,  or  by  leaving  a  written  notice 
at  his  residence. 

II. 

THE  CLERK. 

SECTION  1.  Be  it  ordained  by  the  Trustees  of  the  Town 
of  Lake  View,  That  the  Clerk  shall  keep  a  record  of  all  the 
proceedings  of  the  Board  of  Trustees,  and  of  the  Highway 
Commissioners,  while  acting  as  such,  or  as  a  committee  of  the 
Board  of  Trustees,  to  receive,  mark,  and  file  all  papers  coming 


150  LAWS  AND  ORDINANCES  OF  THE 

to  his  office,  to  keep  the  seal  of  the  town,  to  grant  certified 
copies  from  the  records  or  papers  of  the  town,  and  to  execute 
such  orders  as  he  may  be  directed  to  do  from  time  to  time  by 
the  Board  of  Trustees. 

SEC.  2.  The  Clerk  is  authorized  to  charge  and  receive  as 
fees  :— 

For  each  license,  one  dollar. 

For  each  copy  from  any  record  or  paper,  ten  cents  for  each 
hundred  words. 

For  each  certificate,  and  the  seal  thereto  affixed,  fifty  cents. 

For  each  search  for  any  paper  or  record  in  his  office,  twenty- 
five  cents  ;  and  for  every  hour  he  shall  be  so  occupied  after  the 
first  hour,  fifty  cents. 

But  no  fees  shall  be  charged  for  such  services  rendered  at 
the  request  of  any  officer  of  the  town  where  the  paper  or  infor- 
mation is  required  for  the  use  of  the  town  or  public. 

III. 
THE  TREASURER. 

SECTION  1.  Be  it  ordained  by  the  Trustees  of  the  Town  of 
Lake  View,  That  the  Treasurer  shall  keep  an  accurate  account 
of  all  moneys  received  or  paid  out  by  him  in  a  book  to  be  pro- 
vided for  that  purpose,  and  shall  take  a  receipt  or  voucher  for 
each  payment  made ;  and  he  shall  render  itemized  accounts  to 
the  Board  of  Trustees,  whenever  ordered  by  said  Board  or  a 
majority  thereof. 

IV. 

POLICE. 

SECTION  1.  Be  it  ordained  by  the  Board  of  Trustees  of  the 
Town  of  Lake  l^iew,  That  the  President  shall  have  the  general 
supervision  and  control  of  the  police,  subject  to  any  orders  of 
the  Board  of  Trustees. 

SEC.  2.     All  policemen  shall  be  appointed  by  the  Board  of 


TOWN  OF  LAKE  VIEW.  151 

Trustees  and  may  be  removed  or  discharged  at  its  pleasure. 
The  Board  may  designate  a  Captain  of  Police,  who  shall  see 
that  the  laws  and  ordinances  of  the  town  are  obeyed  and  exe- 
cuted ;  and  all  other  policemen  are  required  to  obey  his  orders. 
Special  policemen  may  be  appointed,  but,  when  at  the  request 
of  persons  for  private  purposes,  no  compensation  shall  be  al- 
lowed. The  compensation  of  all  public  policemen  shall  be 
fixed  by  the  Trustees. 

SEC.  3.  It  shall  be  lawful  to  imprison  any  person  arrested, 
with  or  without  warrant,  in  the  calaboose,  or  other  place,  for 
such  time  as  may  be  necessary  to  take  him  before  a  Justice  of 
the  Peace  for  examination. 

SEC.  4.  If  any  person  shall  resist,  by  force,  any  policeman,, 
constable,  or  officer  of  the  town  authorized  to  make  an  arrest, 
or  serve  any  writ,  such  person,  on  conviction,  shall  be  punished 
by  a  fine,  not  less  than  twenty -five  dollars,  nor  more  than  one 
hundred  dollars,  or  imprisoned,  not  exceeding  one  month,  or 
both. 

SEC.  5.  If  any  policeman  shall  wilfully  refuse  or  neglect 
to  execute  any  writ  placed  in  his  hands  for  that  purpose,  or  to 
arrest  any  person  known  to  him  to  have  violated  a  law  or  ordi- 
nance of  the  town,  or  wlien  he  may  have  credible  information 
that  any  person  has  violated  a  law  or  ordinance  of  the  town, 
and  such  person  can  be  found  within  the  limits  of  the  town, 
such  policeman,  on  conviction,  shall  be  fined  not  exceeding  one 
hundred  dollars. 

V. 
IMPRISONMENT. 

SECTION  1.  Be  it  ordained  by  the  Trustees  of  the  Town  of 
Lake  View,  That  in  all  cases  where  judgment  may  be  rendered, 
for  a  fine  and  costs,  for  the  violation  of  an  ordinance  or  law  of 
the  town,  it  shall  be  lawful  for  the  Court,  or  Justice  of  the 
Peace,  to  order  the  person  against  whom  such  judgment  is 
rendered,  to  be  imprisoned  until  the  fine  and  costs  are  paid. 


152  LAWS  AND  ORDINANCES  OF  THE 

SEC.  2.  It  shall  be  lawful  to  execute  any  order  or  judgment 
for  imprisonment  by  confinement  in  the  calaboose,  or  in  the 
County  jail  of  Cook  County. 

SEC.  3.  Whenever  any  judgment  is  entered  for  the  violation 
of  an  ordinance,  it  may  be  lawful  for  the  Justice  to  take  a 
bond  in  at  least  double  the  amount  of  the  judgment,  with  good 
security  for  the  payment  of  the  judgment,  with  costs,  within 
ten  days,  instead  of  committing  the  offender  until  the  fine  and 
costs  are  paid ;  policemen  or  constables  to  be  responsible  for 
such  bail. 

VI. 

POUNDS. 

SECTION  1.  Be  it  ordained  by  the  Board  of  Trustees  of 
the  Town  of  Lake  View,  That  the  Overseer  of  Highways  in 
Road  District  Number  One,  when  directed  by  the  Board  of 
Trustees,  shall  construct  good  and  sufficient  pounds  in  such 
Road  District,  to  be  placed  under  the  care  of  a  pound-master, 
•  to  be  appointed  by  the  Board  of  Trustees,  who  may  be  removed 
at  pleasure.* 

SEC.  2.  No  horse,  cow,  hog,  sheep,  or  other  domestic  ani- 
mal shall  be  permitted  to  run  at  large-  in  said  Road  District 
Number  one ;  and,  if  found  running  at  large  in  said  District, 
each  of  such  animals  may  be  imprisoned  in  a  pound,  from 
which  it  shall  not  be  released  until  the  owner,  or  other  person, 
shall  pay  fifty  cents,  and  twenty -five  cents  for  every  twenty- 
four  hours  the  same  shall  be  kept,  after  the  first  twenty-four 
hours. 

SEC.  3.  If  any  such  animal  shall  be  kept  in  any  pound  for 
five  days,  and  no  person  shall  apply  and  pay  the  legal  charges, 
it  shall  be  lawful  for  the  pound-master  to  sell  the  same  at  pub- 
lic sale,  after  giving  at  least  fifteen  days'  notice  thereof,  by 
posting  up  not  less  than  ten  notices,  in  ten  public  places  in  the 
Town  of  Lake  View. 


TOWN  OF  LAKE  VIEW. 

SEC.  4.  The  pound-master  shall  render  a  true  account  of 
all  animals  impounded,  all  fees  received,  and  all  money  receiv- 
ed from  sales,  to  the  Board  of  Trustees,  at  a  regular  meeting 
every  month,  and  pay  over  all  money  in  his  hands,  over  and 
above  his  fees,  to  the  Treasurer,  upon  the^order  of  the  Board. 

SEC.  5.  If  any  person  shall  break  open  any  pound,  or  take 
away  from  a  pound  any  animal  therein  impounded,  without 
the  consent  of  the  pound-master,  he  shall  be  liable  to  a  fine  of 
not  less  than  twenty  dollars  nor  more  than  fifty  dollars. 

SEC.  6.  If  any  pound-master  shall  refuse  to  receive  any 
such  animal  running  at  large,  or  to  take  proper  care  of  the 
same,  or  to  deliver  up  such  animal  upon  the  payment  or  ten- 
der of  his  legal  fees,  or  to  make  his  report  as  required  by  this 
ordinance,  or  to  pay  over  any  proceeds  of  sales  when  required, 
he  shall  be  liable  to  a  fine  of  not  exceeding  one  hundred 
dollars. 

SEC.  7.  The  money  received  as  the  proceeds  of  any  such 
sale,  over  the  fees  and  expenses,  shall  be  paid  to  the  owner, 
upon  the  order  of  the  Board  of  Trustees. 

VII. 

LICENSES. 

SECTION  1.  Be  it  ordained  by  the  Board  of  Trustees  of 
the  Town  of  Lake  View,  That  all  licenses  shall  be  issued  and 
signed  by  tb.e  President  and  Clerk,  with  the  corporate  seal  af- 
fixed ;  and,  where  not  otherwise  ordered  by  the  Board  of  Trus- 
tees, shall  continue  in  force  for  one  year. 

SEC.  2  No  saloon,  brewery,  distillery,  slaughter-house, 
packing-house,  gardens  of  public  resort,  where  beverages  of  any 
kind  are  sold,  shooting-gallery,  shooting-park,  or  establishment 
for  target-shooting  shall  be  established,  kept,  or  maintained 
within  the  Town  of  Lake  View  without  a  license  ;  and  such 
place  shall  be  conducted  according  to  the  ordinances  of  the 
Town,  or  such  regulations  as  may  be  made  by  the  Board  of 


154  LAWS  AND  ORDINANCES  OF  THE 

Trustees ;  arid,  upon  a  violation  thereof,  the  license  may  be  re- 
voked by  order  of  the  Board  of  Trustees. 

SEC.  3.  No  license  shall  be  assignable  or  transferred  with- 
out the  consent  of  the  Board  of  Trustees. 

SEC.  4.  The  rates  for  license  shall  be  fixed  by  order  or  res- 
olution of  the  Board  of  Trustees ;  and  all  applications  for  a 
brewery,  distillery,  slaughter-house,  or  packing-  house  shall  be 
made  to  the  Board  of  Trustees,  and  designate  the  place  it  is 
proposed  to  carry  on  the  business. 

VIII.     .- 
NUISANCES. 

SECTION  1.  Be  it  ordained  by  the  Board  of  Trustees  of  the 
Town  of  Lake  View,  That  the  keeping  of  any  establishment 
for  steaming  or  rendering  lard,  tallow,  or  offal,  any  soap  facto- 
ry, any  place  or  depot  for  the  deposit  of  night-soil  or  dead  ani- 
mals, any  glne  or  bone  manufactory,  or  any  other  place  where 
any  offensive,  or  nauseous,  or  unwholesome  business  may  be 
carried  on,  is  declared  to  be  a  nuisance,  and  the  same  is  hereby 
prohibited  entirely.  Every  person  who  shall  keep,  maintain, 
or  continue  any  such  establishment  or  place  shall  be  punished, 
on  conviction,  by  a  fine  not  exceeding  one  hunred  dollars,  and 
not  exceeding  the  same  amount  for  every  twenty-four  hours  the 
same  shall  be  continued ;  and  such  place  or  establishment,  in- 
cluding the  building  in  which  the  business  may  be  conducted, 
shall  be  subject  to  summary  abatement,  by  order  of  the  Board, 
or  by  any  policeman  or  officer  of  the  town,  without  order. 

SEC.  2.  The  keeping  of  any  saloon  or  garden  for  public  re- 
sort, where  beverages  of  any  kind  are  sold,  or  the  conducting 
of  any  brewery,  distillery,  slaughter—house,  packing-house,  or 
shooting-gallery,  shooting-park,  or  establishment  for  target- 
shooting  without  license,  as  required  by  the  ordinances,  is  de- 
clared to  be  a  nuisance,  and  shall  be  punished  by  a  fine  of  not 
less  than  twenty-five  dollars  nor  more  than  one  hundred  dol- 
lars ;  and  a  continuance  of  any  such  business,  without  license, 


TOWN  OF  LAKE  VIEW.  1">."> 

as  aforesaid,  for  five  days,  shall  be  punished  by  a  like  fine.  In 
all  prosecutions  uner  this  section,  it  shall  not  be  necessary  for 
-the  town  to  prove  that  the  accused  has  no  license,  but  it  shall 
be  deemed  sufficient  proof  of  the  offense  charged  to  prove  that 
any  such  establishment  or  business  was  conducted  or  carried  on, 
and  it  shall  devolve  on  the  defendant  to  produce  such  license, 
if  any  he  has. 

SEC.  3.  It  shall  be  unlawful  for  any  person  to  bring  any 
dead  animal,  or  decayed  animal  or  vegetable  matter,  into  the 
Town  of  Lake  View,  or  to  deposit  any  night-soil,  filth,  or  of- 
fensive matter  of  any  kind,  shall  be  deemed  guilty  of  commit- 
ting nuisance,  and  shall  be  punished,  on  conviction,  by  a  fine 
of  not  less  than  five  dollars,  nor  more  than  one  hundred  dollars, 
for  each  and  every  offense. 

SEC.  4.  If  any  person  shall  allow  manure,  night-soil,  or 
filth  to  accumulate  on  his  premises,  so  as  to  become  offensive 
or  unwholesome,  or  shall  allow  any  drain,  sewer,  or  ditch  to 
become  offensive  or  unhealthy  upon  his  premises,  or  shall  per- 
mit any  privy,  cellar,  or  reservoir  on  his  premises  to  become 
nauseous,  offensive,  or  unwholesome,  such  act  is  declared  to  be 
a  nuisance,  and  shall  be  punished  by  a  fine  of  not  more  than 
twenty-five  dollars,  for  every  two  days  after  notice  by  any  of- 
ficer of  the  Town  of  Lake  View. 

SEC.  5.  If  any  person  shall  dig  any  hole  in  any  public 
street,  or  remove  any  soil  therefrom,  when  not  authorized  by 
the  Board  of  Trustees  or  Overseer  of  Highways  in  writing,  or 
shall  obstruct  any  street  in  any  way,  so  as  to  render  it  incon- 
venient or  unsafe  to  pass,  or  shall  injure  or  remove  any  side- 
walk or  bridge,  without  due  authority  from  the  Board  of  Trus- 
tees or  Overseer  of  Highways,  or  shall  cut  down,  injure,  or  re- 
move any  tree  or  shrub,  in  any  public  road  or  street,  without 
such  authority,  such  act  is  declared  to  be,  and  shall  be  deemed 
to  be,  a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not 
more  than  one  hundred  dollars.  The  continuance  of  any  ob- 
struction in  any  street  for  every  day  shall  be  punished  by  a  fine 


156  LAWS  AND  ORDINANCES  OF  THE 

of  not  more  than  twenty-five  dollars.  No  prosecution  shall  be 
commenced  under  this  section  without  the  consent  of  the  High- 
way Commissioners,  or  two  of  them. 

SEC.  6  If  any  person  shall  cut  down,  injure,  or  destroy  any 
tree  or  shrub  on  the  premises  of  another,  without  the  permis- 
sion of  the  owner  or  legal  occupant,  or  shall  remove  from  the 
property  of  another,  without  permission,  any  sand,  gravel,  or 
soil,  such  act  is  declared  to  be,  and  shall  be  deemed  to  be,  a 
nuisance,  and  shall  be  punished  by  a  fine,  not  more  than 
twenty-five  dollars  for  each  and  every  offense. 

SEC.  7.  If  any  person  shall  hunt  game  or  birds  out  of  sea- 
son ;  or,  if  any  person,  not  a  resident  of  the  town,  shall  hunt 
game  or  birds  in  season,  or  if  any  person  shall  shoot  or  kill  any 
bird  or  birds  not  suitable  for  game,  at  any  time,  such  act  shall 
be  deemed,  and  is  declared  to  be,  a  nuisance,  and  shall  be  pun- 
ished by  a  fine,  not  less  than  five  dollars,  and  not  exceeding 
twenty-five  dollars  for  each  and  every  offense. 

The  firing  of  firearms  in  any  public  highway,  or  upon 
grounds  not  in  possession  of,  or  owned  by,  the  person  using  the 
same,  except  by  residents  of  the  town,  as  aforesaid,  in  the  game 
season,  is  declared  also  to  be  a  nuisance,  and  shall  be  punished 
by  a  fine  of  not  less  than  five  and  not  exceeding  twenty-five 
dollars. 

SEC.  8.  If  any  person  shall  haul  or  draw  sand,  gravel,  or 
soil  for  hire,  on  any  public  street  or  highway,  without  a  license, 
issued  under  such  regulations  as  may  be  made  by  the  Board  of 
Trustees,  such  act  is  declared  to  be,  and  shall  be  deemed  to  be, 
a  nuisance,  and  every  person  found  guilty  shall  be  fined  not 
less  than  one  dollar  for  each  load :  and  the  fines  for  such  offense 
shall  be  applied  to  keeping  in  repair  the  roads  or  streets  in  said 
town. 

IX* 

SCAVENGERS. 
SECTION  1.      Be  it  ordained  by  the  Board  of  Trustees  of  the 


TOWN  OF  LAKE  VIEW.  157 

Toivn  of  Lake  View  :  That  it  shall  be  the  duty  of  the  owner, 
driver,  or  manager,  and  each  of  them,  of  any  night-scavenger 
wagon,  in  driving  in  or  through  the  Town  of  Lake  View,  always 
to  keep  upon  each  side  of  such  night-scavenger  wagon,  in  the 
night-time,  a  lighted  lamp,  with  plain  glass  front  and  sides, 
with  the  number  of  the  license  of  such  wagon  painted  with 
black  paint  on  the  sides  and  front  of  each  of  said  lamps,  in  dis- 
tinct and  legible  figures,  at  least  two  inches  in  size,  and  so 
placed  that  said  lamps  may  be  distinctly  seen,  and  said  number 
easily  read  by  any  person  in  any  of  the  highways  or  premises 
adjacent  thereto ;  and  every  violation  of  this  section  shall  be 
punished  by  a  fine  of  not  less  than  twenty-five  dollars,  nor  more 
than  one  hundred  dollars,  and  the  Court  may  commit  the  offen- 
der to  the  County  jail,  01  other  place,  until  such  fine  and  costs 
shall  be  paid. 

SEC.  2.  No  person  shall  deposit  in  the  Town  of  Lake  View 
any  garbage,  night-soil,  or  filth,  without  the  express  permission 
of  the  Board  of  Trustees  first  obtained  in  writing  ;  and  every 
person  who  shall  violate  this  section  shall  be  .punished  by  a  fine 
of  not  less  than  twenty-five  dollars,  nor  more  than  one  hundred 
dollars,  or  imprisoned  for  a  time  not  exceeding  one  month,  in 
the  discretion  of  the  Court ;  and  the  Court  may  commit  the 
person  so  found  guilty  until  the  fine  and  costs  are  paid. 

SEC.  3.  Every  person  who  shall  violate  the  provisions  of  the 
foregoing  sections  shall  be  deemed  and  held  to  be  guilty  of  a. 
nuisance. 

X. 

BREACHES  OF  THE  PEACE. 

SECTION  1.  Be  it  ordained  by  the  Board  of  Trustees  of  the 
Town  of  Lake  View,  That  if  any  person  shall  engage  in  fight- 
ing by  agreement,  or  if  any  person  shall  act  as  a  second,  ref- 
eree, or  umpire  at  any  such  fight,  such  person  shall  be  fined,, 
on  conviction,  one  hundred  dollars. 

And  every  person  who  shall  aid  and  abet  any  such  fight  by 


158  LAWS  AND  ORDINANCES  OF  THE 

their  presence  as  spectators  or  otherwise  shall  be  fined,  on  con- 
viction, not  exceeding  twenty-five  dollars. 

SEC.  2.  Every  person  who  shall  engage  in  any  fight,  or 
participate  in  a  riot,  or  shall  disturb  the  peace  and  quiet  of  any 
family  or  assemblage  by  loud  and  unusual  noises,  by  profane  or 
obscene  language,  or  by  shouting  or  singing,  shall  be  fined,  on 
conviction,  not  exceeding  twenty-five  dollars. 

SEC.  3.  All  disorderly  houses  or  places,  arid  all  assemblages 
in  any  place  where  the  persons,  or  any  of  them,  composing  the 
same,  are  disorderly,  are  prohibited ;  and  every  inmate  or  per- 
son found  in  any  such  house  or  place  guilty  of  disorderly  con- 
duct shall  be  punished  by  a  fine  not  exceeding  twenty-five  dol- 
lars. Drunkenness  in  any  assemblage,  in  the  streets,  or  in  any 
public  place  shall  be  considered  disorderly  conduct. 

XI. 
CEMETERIES. 

SECTION  1.  Be  it  ordained  by  the  Board  of  Trustees  of  the 
Town  of  Lake  View,  That  no  corpse  shall  be  interred  in  any 
place  within  the  limits  of  the  Town  of  Lake  View,  not  actually 
used  as  a  cemetery  on  the  5th  day  of  Mar-ch,  1867,  or  lying 
within  the  enclosure  of  a  cemetery,  not  established  on  or  before 
said  day,  except  as  hereinafter  provided  and  allowed. 

SEC.  2.  No  corporation,  or  person  or  persons,  shall  estab- 
lish or  open  any  cemetery  within  the  limits  of  the  Town  of  Lake 
View,  unless  the  Board  of  Trustees  shall  first  fix  and  determine 
the  location  of  such  cemetery,  and  fix  the  boundaries  thereof. 

SEC.  3.  The  boundaries  of  Graceland  Cemetery  are  hereby 
fixed  as  follows,  to-wit :— The  E.  \  of  S.  W.  \  of  Section  17*, 
lying  East  of  Green  Bay  Road,  and  Lots  19  and  20  of  Igle- 
hart's  subdivision  of  W."  J  of  S.  E.  \  of  Section  17,  T.  40,  R. 
14. 

SEC.  4.  The  boundaries  of  Rose  Hill  Cemetery  are  hereby 
fixed  as  follows,  to-wit  — That  portion  of  Section  6,  in  Town 
40,  North  Range  14,  East  of  the  3d  P.  M.,  as  the  same  is  de- 


TOWN  OF  LAKE  VIEW.  159 

scribed  in  the  Record  of  Rose  Hill  Cemetery  Company's  sub- 
division of  the  S.  I  of  the  W.  £  of  the  S.  E.  |  of  Section  6,  in 
Town  40,  North  of  Range  14,  East  of  3d  P.  M.,  as  the  same  is 
recorded  in  the  Recorder's  office  of  Cook  County,  in  Book  of 
Maps,  Number  160,  on  pages  76  and  77. 

SEC.  o.  The  boundaries  of  all  other  cemeteries  within  the 
Town  of  Lake  View  are  hereby  fixed  at  the  enclosure  now  sur- 
rounding any  such  cemeteries ;  but,  if  any  street  is  embraced 
in  any  such  enclosure,  no  permission  is  hereby  given  to  use 
such  street,  or  keep  the  same  enclosed. 

SEC.  6.  It  shall  be  lawful  to  inter  dead  bodies  within  the 
limits  above  prescribed,  under  such  regulations  as  may  from 
time  to  time  be  made  by  the  Board  of  Trustees  ;  but  the  burial 
of  any  corpse  outside  of  such  limits  shall  be  deemed  a  violation 
of  the  first  or  second  sections  of  this  ordinance. 

SEC.  7.  If  any  person  shall  violate  any  one  of  the  provi- 
sions of  this  ordinance,  he  shall  be  fined,  on  conviction,  thereof, 
not  exceeding  one  thousand  dollars,  or  imprisoned,  not  exceed- 
ing six  months,  or  both,  in  the  discretion  of  the  Court.  It  shall 
be  lawful  for  the  Court  to  order  the  offender  to  disinter  any  and 
all  dead  bodies  that  he  may  he  proven  to  have  buried  contrary 
to  the  provisions  of  this  ordinance,  and  to  enforce  obedience  to 
such  order  by  fine,  or  imprisonment,  or  both.  It  shall  be  law- 
ful for  the  police,  or  other  persons  under  the  direction  of  the 
Board  of  Trustees,  to  disinter  any  corpse  buried  contrary  to  the 
provisions  of  this  ordinance,  to  remove  and  re-inter  the  same 
within  the  lawful  bounds  of  any  cemetery. 

SEC.  8.  Nothing  in  this  ordinrnce  shall  be  construed  to  re- 
peal or  modify  an  ordinance  passed  on  the  2d  day  of  April, 
1866,  numbered  Chapter  eight,  or  an  ordinance  passed  May 
7th,  1866,  and  numbered  Chapter  ten ;  but  the  same  are  de- 
clared to  be  in  force. 


160  LAWS  AND  ORDINANCES  OF  THE 

XII. 

PENDING  SUITS. 

SECTION  1.  Be  it  ordained  by  the  Board  of  Trustees  of  the 
Town  of  Lake  View,  That  nothing  in  the  Revised  Ordinances, 
numbered  from  one,  inclusive,  to  twelve,  and  now  passed,  shall 
be  construed  to  repeal  any  ordinince,  or  part  of  an  ordinance, 
for  the  violation  of  which  any  suit  may  be  now  pending  or  com- 
menced, so  far  as  such  suit  may  be  concerned :  but  such  ordi- 
nances, or  parts  of  such  ordinances,  are  continued  in  full  force 
and  effect  with  reference  to  the  matters  involved  in  any  such 
suit,  until  the  final  termination  thereof. 

EDWARD  FOSTER, 

President. 
FREDERICK  SULZER, 

Town  Clerk. 


TOWN  OF  LAKE  VIEW.  161 


SIDEWALK  ORDINANCE. 

SECTION  1.  Be  it  resolved  by  the  Board  of  Trustees  of  the 
Town  of  Lake  View,  That,  hereafter,  the  distance  of  twelve 
(12)  feet  upon  each  side  of  each  and  every  street  or  highway  in 
said  town  shall  be,  and  the  same  is  hereby  declared  to  be,  for  a 
sidewalk,  and  shall  be  used  as  such  only. 

Provided,  that  it  shall  be  lawful  for  owners  of  land  bordering 
on  such  sidewalk  to  plant  shade  or  ornamental  trees  upon  the 
outside,  four  feet  in  breadth  of  each  walk. 

SEC.  2.  That  the  grades  of  sidewalks  upon  the  road  now 
occupied  by  the  Dummy  road  or  track  shall  be,  as  near  as  npy 
be,  to  a  level  grade  with  such  Dummy  track ;  and  that  the 
grades  upon  the  other  streets  and  highways  shall  be  upon  a  lev- 
el with  the  road  bed  thereof. 

SEC.  3.  Any  person  or  persons  who  shall  be  guilty  of  ob- 
structing any  such  walk,  three  days  after  notice  from  any  of 
the  authorities  of  said  town,  shall  be  fined  not  less  than  five 
(5)  nor  more  than  twenty-five  dollars  for  each  and  every  offense. 

I  hereby  certify  that  the  above  is  a  true  transcript  of  an  or- 
dinance passed  by  the  Board  of  Trustees  of  the  ToAvn  of  Lake 
View,  Cook  County,  Illinois,  at  a  regular  meeting  of  said  Board, 
on  the  first  day  of  February,  A.  D.  1869 ;  said  ordinance  be- 
ing entitled  as  above  shown,  and  recorded  in  my  office,  Lake 
View,  April  2d,  1869. 

T.  M.  BRADLEY, 

President. 
GEORGE  WOLFRAM, 

Toivn  Clerk. 


162  LAWS  AND   ORDINANCES  OF  THE 


AN   ORDINANCE 
To  License  Vehicles  in  the  Town  of  Lake  View, 

SECTION  1.  Be  it  ordained  by  the  Board  of  Trustees  of 
the  Town  of  Lake  View,  in  Cook  County,  Illinois,  That  in 
pursuance  of  an  Act  of  the  Legislature  of  the  State  of  Illinois, 
entitled  "An  Act  to  amend  the  Charter  of  the  Town  of  Lake 
View,"  in  said  county,  "Approved,  March  29th,  1869,"  That 
hereafter  each  and  every  owner,  teamster,  or  driver  of  any 
wagon,  cart  or  other  vehicle  hauling  for  hire  or  sale  any  load, 
or  loads,  within  the  limits  of  said  town,  or  for  hire  or  sale  else- 
where, other  than  the  vegetable  product  of  the  soil,  shall  pay  a 
license  to  said  town,  as  follows :  For  any  vehicle  drawn  by 
one  animal,  five  dollars;  and  for  any  vehicle  drawn  by  two 
animals,  ten  dollars ;  and  for  any  vehicle  drawn  by  more  than 
two  animals,  twenty  dollars  a  year;  said  license  to  run  from 
the  first  day  of  July  of  each  and  every  year. 

SEC.  2.  The  President  and  Clerk  of  said  Board  of  Trus- 
tees may,  upon  application  of  the  owner  of  any  such  wagon, 
cart,  or  other  vehicle,  grant  a  license  therefor. 

SEC.  3.  Each  and  every  teamster,  or  driver,  shall  procure 
and  wear  in  plain  view  a  metal  badge,  of  not  less  than  one  and 
a  half  inch  long,  and  one  inch  wide,  on  which  shall  be  engraved 
the  kind  of  vehicle  and  number  of  the  license,  in  letters  not 
less  than  ^  of  an  inch  long,  and  figures  not  less  than  ^  of  an 
inch  long;  said  letters  and  figures  to  be  boldly  cut  in  Roman 
character,  and  filled  in  with  black ;  said  badge  to  be  provided 
with  pin  or  fastening  by  which  the  same  shall  be  worn  in  a 
conspicuous  place  upon  the  outside  of  the  breast  of  the  coat, 
so  that  it  may  not  be  hidden  from  view,  either  by  accident  or 
design. 


TOWN  OF  LAKE  VIEW.  163 

SEC.  4.  Every  person  or  persons  so  licensed  shall  forthwith 
cause  the  name  of  the  owner,  and  the  number  of  his  or  their 
license  to  be  plainly  painted  in  letters,  at  least  one  and  a  half 
inches  in  size,  in  a  conspicuous  place  on  it,  outside  of  each  side 
of  such  vehicle,  and  shall  keep  the  same  plain  and  distinct  at 
all  times,  when  used  during  the  continuance  of  such  license ; 
but  upon  the  expiration  of  said  license  (unless  renewed),  such 
person  shall  immediately  cause  the  same  name  and  number  to 
be  erased  from  said  vehicle,  and  shall  not  allow  said  vehicle  to 
be  used  with  said  name  or  number  thereon. 

SEC.  5.  Any  person  or  persons  violating  any  of  the  provi- 
sions of  this  ordinance,  shall  be  liable  to  a  fine  of  not  less  than 
one  nor  more  than  five  dollars,  for  each  and  every  load  hauled, 
or  imprisoned  not  less  than  one  nor  more  than  three  months,, 
in  the  county  jail,  in  the  discretion  of  the  court. 
Approved,  May  10th,  1869. 

T.  M.  BRADLEY, 

President^ 
GEOI  GE  WOLFRAM, 

Clerk. 


AN  ACT 


—TO— 


INCORPORATE 


—A— 


BOARD  OF  TRUSTEES 


FOR  THE 


TOWN  OP  LAKE  VIEW, 


COOK  COUNTY. 


AN  ACT 

To  Incorporate  a  Board  of  Trustees  for  the  Town  of  Lake  View, 
in  Cook  County: 

SECTION  1.  Be  it  enacted,  by  the  people  of  the  State  of  Ill- 
inois, represented  in  the  General  Assembly,  that  the  Supervi- 
sor, Assessor,  and  Commissioners  of  Highways  of  said  Town 
of  Lake  View,  and  their  respective  successors  in  office,  are 
hereby  constituted  and  declared  to  be  ex  officio,  a  Board  of 
Trustees  for  said  Town  of  Lake  View. 

SEC.  2.  The  said  Board  of  Trustees  shall  hold  stated  meet- 
ings on  the  first  Monday  of  each  month,  at  eight  o'clock  in  the 
evening,  at  such  place  as  they  shall  by  resolution  direct,  at 
which  times  the  said  Board  may  exercise  any  of  the  powers 
conferred  upon  them  by  law.  The  Supervisor  shall  preside  at 
all  meetings,  and  the  Assessor  shall  act  as  Secretary. 

SBC.  3.  The  said  Board  of  Trustees  shall  have  power,  from 
time  to  time, 

1«£.  To  cause  any  street,  alley,  or  highway  to  be  paved, 
macadamized,  gravelled  or  planked,  and  to  keep  the  same  in 
repair. 

2d.  To  cause  cross-walks  and  side-walks,  main  drains,  and 
sewers  to  be  constructed  and  laid,  relaid,  cleansed  and  repaired, 
and  to  regulate  the  same. 

3c?.  To  grade,  improve,  protect,  and  ornament  any  public 
square,  public  ground,  or  park,  now  laid  out,  or  hereafter  to  be 
laid  out  in  said  Town,  except  such  park  or  public  grounds  as 
may  be  located  by  the  Board  now,  or  to  be  known  as  that  of 
the  North  Park  Commissioners ;  provided,  nevertheless,  that 
said  Board  shall  not  cause  any  such  paving,  macadamizing, 
gravelling  or  planking  to  be  done,  or  any  such  sidewalks,  or 
main  drains,  or  sewers  to  be  constructed  and  laid,  or  any  pub- 


168         AN  ACT  TO  INCORPORATE  A  BOARD  OF  TRUSTEES. 

lie  ground,  park  or  square  to  be  graded,  improved  or  ornamen- 
ted, except  upon  the  written  petition  of  residents  of  said  Town 
of  Lake  View ;  such  petition  to  be  signed  by  two-thirds  in 
number  of  all  the  property  owners  resident  in  said  Town,  whose 
property  shall  be  liable  to  be  assessed,  as  hereinafter  provided, 
to  pay  for  such  paving,  sidewalks,  or  other  improvements 
above  named,  which  may  be  done  or  made  in  pursuance  of  the 
prayer  of  sifch  petition. 

SEC.  4 .  The  expenses  of  any  improvement  mentioned  in  the 
foregoing  Section  shall  be  assessed  upon  the  Real  Estate  in  the 
said  Town  of  Lake  View,  benefitted  thereby,  with  the  costs  of 
the  proceedings  therein  in  proportion,  as  nearly  as  may  be,  to 
the  benefits  resulting  thereto. 

SEC.  5.  The  amount  to  be  assessed  for  any  such  improve- 
ment shall  be  determined  by  the  said  Board  of  Trustees,  and 
they  shall  by  ballot  appoint,  by  a  majority  of  said  Board,  three 
respectable  freeholders  of  said  Town  of  Lake  View,  to  make 
such  assessments.  The  Commissioners  thus  appointed  shall  be 
sworn  faithfully  and  impartially  to  execute  their  duty,  to  the 
best  of  their  ability. . 

SEC.  6.  *  The  Commissioners  shall  assess  the  amount  directed 
by  said  Board  of  Trustees  to  be  assessed,  upon  the  Real  Estate 
by  them  deemed  benefitted  by  any  such  improvement,  in  pro- 
portion to  the  benefit  resulting  thereto,  as  nearly  as  may  be, 
and  briefly  describe  in  the  assessment  roll,  to  be  made  by  them, 
the  Real  Estate  in  respect  to  which  any  assessment  is  made. 

SEC.  7.  When  the  Commissioners  shall  have  completed 
their  assessment,  and  made  a  corrected  copy  thereof,  they  shall 
deliver  the  same  to  the  Town  Clerk  of  said  Town  of  Lake  View, 
within  forty  days  after  their  appointment,  signed  by  all  the 
Commissioners.  The  Town  Clerk  shall  thereupon  cause  no- 
tices to  be  posted  up  in  three  of  the  most  public  places  of  said 
Town  of  Lake  View,  for  the  space  of  six  days,  to  all  persons 
interested,  of  the  completion  of  the  assessment  and  the  filing  of 
the  roll,  and  in  said  notices  a  time  and  place  shall  be  designa- 


AN  ACT  TO  INCORPORATE  A  BOARD  OF  TRUSTEES.    161 ' 

ted,  at  which  said  Board  of  Trustees  shall  hear  objections  to 
said  assessments. 

SEC.  8.  Any  person  interested  may  appeal  to  said  Board  of 
Trustees  for  the  correction  of  the  assessment.  Appeal  shall  be 
in  writing,  and  filed  in  the  Town  Clerk's  office  within  six  days 
after  the  notices  shall  have  been  posted  up,  as  provided  in  the 
foregoing  section.  The  Board  of  Trustees  may  adjourn  such 
hearing  from  day  to  day,  and  shall  have  ppwer,  in  case  of  ap- 
peal or  otherwise,  in  their  discretion,  to  revise  and  correct  the 
assessment,  and  confirm  or  amend  the  same,  or  direct  a  new 
assessment  to  be  made  in  the  manner  hereinbefore  directed,  by 
the  same  commissioners  or  by  three  others,  which  shall  be  final 
and  conclusive  on  all  parties  interested,  if  confirmed.  When 
confirmed,  the  assessment  shall  be  collected  as  hereinafter  pro- 
vided, and  no  appeal  or  writ  of  error  shall  lie  in  any  case  from 
such  order  and  determination.  If  any  assessment  be  set  aside 
by  any  order  of  court,  the  Board  of  Trustees  may  cause  a  new 
one  to  be  made  in  like  manner,  for  the  same  purpose,  for  the 
collecting  of  the  amount  so  assessed. 

SEC.  9.  If  any  vacancy  happen  in  the  office  of  Commission- 
er, at  any  time,  by  reason  of  removal,  failure,  or  refusal  or 
inability  from  sickness,  or  other  cause,  to  serve,  the  Board  of 
Trustees  may  fill  such  vacancy. 

SEC.  10.  If  the  first  assessment  prove  insufficient,  another 
may  be  made  in  the  same  manner,  or  if  too  large  a  sum  shall 
at  any  time  be  raised,  the  excess  shall  be  refunded  ratably  to 
those  by  whom  it  was  paid. 

SEC.  11.  Commissioners  appointed  under  this  act  may  be 
sworn  into  office  by  the  Town  Clerk,  and  said  Commissioners 
shall  be  allowed  two  dollars  per  day,  each,  for  actual  service, 
•  which  together  with  all  other  expenses  in  relation  to  any 
assessment  made  in  pursuance  of  this  act,  shall  be  deemed  part 
of  the  expenses  of  the  improvement,  and  included  in  such 
assessment. 


170         AN  ACT  TO  INCORPORATE  A  BOARD  OF  TRUSTEES. 

SEC.  12.  When  the  said  assessment  shall  have  been  con- 
firmed, as  hereinbefore  provided,  it  shall  be  the  duty  of  the 
Town  Clerk  to  file  the  same  in  the  office  of  the  Clerk  of  the 
County  Court  of  said  County  of  Cook,  and  it  shall  be  the  duty 
of  the  said  Clerk  of  the  County  Court  in  the  warrant  next  there- 
after to  be  issued  for  the  collection  of  State  and  County  Taxes 
levied  upon  the  real  estate  in  said  Town  of  Lake  View,  to  set 
down  in  a  column  for  that  purpose  provided,  opposite  the  sev- 
eral lots,  pieces  or  parcels  of  real  estate  upon  which  assessments 
have  been  made  for  benefits,  as  hereinbefore  provided,  the 
amounts  of  said  assessments,  respectively ;  and  it  shall  there- 
upon be  the  duty  of  the  Collector  of  the  Taxes  for  the  State 
and  County  to  collect  said  assessments,  and  enforce  the  pay- 
ment thereof,  in  the  same  manner,  and  with  all  the  rights,  pow- 
er, and  authority  that  he  has  to  collect  State  and  County  Taxes, 
and  shall  pay  the  same  over  to  the  officer  entitled  to  receive  the 
Town  Tax,  at  the  same  time  that  he  is  required  to  pay  over  the 
County  revenue,  and  the  proper  Court  of  said  County  shall 
render  judgment  against,  and  order  the  sale  of  any  lot,  piece 
or  parcel  of  real  estate  for  the  non-payment  of  the  said  assess- 
ment and  costs,  in  the  same  manner,  as  is  or  may  be  provided 
for  State  and  County  Taxes ;  and  judgment  shall  be  rendered 
for  the  aggregate  amount  for  State,  County,  and  other  Taxes, 
and  the  assessment  aforesaid.  The  sale  shall  be  conducted 
upon  the  same  notice  and  judgment,  and  in  the  same  manner  as 
is  or  may  be  provided  by  law,  for  State  and  County  Taxes  ;  the 
right  of  redemption  shall  exist,  and  be  exercised  in  the  same 
manner  ;  and  deeds  for  property  sold  for  any  assessment  levied 
under  this  Act  shall  be  executed  by  the  same  p'ersons,  and  shall 
have  the  same  effect  as  evidence  as  deeds  executed  in  pursuance 
of  the  laws  now  in  force,  or  hereafter  to  be  enacted,  providing 
for  the  collection  of  Sta'te  and  County  Taxes,  in  counties  adopt- 
ing tfae  Township  Organization. 

SEC.  13.     Said  Board  of  Trustees  shall  also  have  power: 

1st.  To  compel  the  owner  or  occupant  of  any  grocery,  cel- 
lar, tallow  chandler's  shop,  soap  factory,  tannery,  stable,  barn, 


AN  ACT  TO  INCORPORATE  A  BOARD  OF  TRUSTEES.         171 

privy,  sewer,  or  other  unwholesome,  nauseous  house,  or  place, 
to  cleanse,  remove,  or  abate  the  same,  from  time  to  time,  as 
often  as  may  be  necessary,  for  the  health,  comfort  and  conven- 
ience of  the  inhabitants  of  said  town. 

2d.  To  direct  the  location  and  management  of,  and  regu- 
late, license,  and  prohibit,  breweries,  tanneries  and  packing- 
houses, and  to  direct  the  location,  management  and  construc- 
tion of,  and  regulate,  license,  restrain,  abate  and  prohibit  with- 
in the  town,  distilleries,  slaughtering  establishments,  establish- 
ments for  steaming  or  rendering  lard,  tallow,  offal,  and  such 
other  substances  as  can  or  may  be  rendered,  and  all  establish- 
ments or  places  where  any  nauseous,  offensive  or  unwholesome 
business  may  be  carried  on,  and  to  regulate,  restrain,  abate  and 
prohibit  any  shooting  gallery,  shooting  park,  or  establishment 
for  target  shooting,  and  to  punish  by  fine  and  imprisonment, 
persons  guilty  of  a  violation  of  the  ordinances,  orders  or  regu- 
lations to  be  made  by  said  Board  of  Trustees,  in  relation  thereto. 

Sd.  To  restrain  and  regulate,  or  prohibit,  the  running  at 
large,  or  herding  of  cattle,  horses,  mules,  swine,  sheep,  goats 
and  geese ;  and  to  authorize  the  distraining,  impounding  and 
sale  of  the  same,  for  the  penalty  incurred,  and  the  cost  of  the 
proceedings,  and  also  to  impose  penalties  on  the  owners  of  any 
such  animals,  for  a  violation  of  any  ordinance  in  relation  thereto. 

4th.  To  abate  and  remove  nuisances,  and  punish  the  authors 
thereof,  by  penalties,  fines  and  imprisonment,  and  to  authorize 
and  direct  the  summary  abatement  thereof;  but  nothing  in  this 
Act  shall  be  construed  so  as  to  outset  any  court  of  jurisdiction 
to  abate  and  remove  nuisances  in  the  streets,  or  any  other  parts 
of  said  Town,  or  within  its  jurisdiction,  by  indictment  or  other- 
wise. 

5th.  To  restrain,  prohibit  and  punish  by  fine  or  imprison- 
ment, the  cutting  of  trees  or  shrubbery  upon  any  of  the  pub- 
lic grounds  or  highways  in  said  Town. 

6^.  To  regulate,  restrain,  prohibit  and  punish,  by  fine  or 
imprisonment,  the  shooting  of  fire-arms  in  said  Town. 


172    AN  ACT  TO  INCORPORATE  A  BOARD  OF  TRUSTEES. 

SEC.  14.  All  orders,  ordinances,  and  resolutions  of  said 
Board  of  Trustees  shall  be  posted,  for  ten  days,  in  three  or 
more  public  places  in  said  town,  by  the  Secretary  of  said 
Board,  but  they  shall  take  effect  and  be  operative  upon  their 
passage,  notwithstanding  any  failure  to  post  the  same. 

SEC.  15.  Any  Justice  of  the  Peace  of  said  town,  or  any 
Court  of  Record  of  Cook  County,  shall  have  jurisdiction  of 
any  offenses  under  the  orders,  ordinances,  or  resolutions  of 
said  Board  of  Trustees. 

SEC.  16.  All  actions  brought  to  recover  any  penalty  or 
forfeiture  incurred  under  this  act,  or  the  ordinances,  orders,  or 
regulations  made  in  pursuance  of  it,  shall  be  brought  in  the 
name  of  the  Town  of  Lake  View.  It  shall  be  lawful  to  declare 
generally  in  debt  for  such  penalty  or  forfeiture,  stating  the 
clause  of  this  act,  or  the  ordinance,  order,  or  regulation  under 
which  the  penalty  or  forfeiture  is  claimed,  and  to  give  the 
special  matter  in  evidence  under  it. 

SEC.  17.  In  all  prosecutions  for  any  violation  of  any  ordi- 
nance, order,  or  regulation,  the  first  process  shall  be  a  sum- 
mons, unless  oath  or  affirmation  be  made  for  a  warrant,  as  in 
other  cases. 

SEC.  18.  Any  fines  imposed  for  violation  of  any  order, 
ordinance,  or  regulation,  shall  be  paid  to  said  Board,  and  shall 
by  them  be  used  to  defray  such  expenses  as  may  be  incurred 
in  the  exercise  of  their  powers. 

SEC.  19.  Said  Board  of  Trustees  may  exercise  the  power 
hereby  conferred  to  abate  nuisances,  at  any  time,  and  may 
appoint  such  agents  as  it  may  determine,  to  execute  the  same. 

SEC.  20.  Said  Board  shall  have  power,  by  resolution,  to 
appropriate  so  much' money  as  they  may  deem  necessary,  as  a 
local  bounty,  for  the  purpose  of  filling  the  quota  of  said  town, 
under  any  call  of  the  President  for  soldiers  for  the  armies  of 
the  United  States,  and  through  the  proper  officers  of  said  town 
and  county,  to  levy  and  collect  taxes  for  that  purpose,  and  to 


AN  ACT  TO  INCOKPORATE  A  BOAED  OF  TRUSTEES.         173 

reimburse  any  person  for  advances  that  may  have  been  made,  v 
or  may  hereafter  be  made  therefor,  at  the  request  of  the  Super- 
visor of  said  town. 

SEC.  2L.     This  Act  shall  be  deemed  a  public  Act,  and  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

ALLEN  C.  FULLER, 
Speaker  of  the  House  of  Representatives. 
WILLIAM  BROSS, 

Speaker  of  the  Senate. 
Approved,  February  16,  1865. 

RICHARD  J.  OGLESBY, 

GOVERNOR. 


UNITED  STATES  OF  AMERICA,  1 
STATE  op  ILLINOIS.  / 

I,  SHARON  TYNDALE,  Secretary  of  State  of  the  State  of  Illi- 
qtx;|sv,p      nois,  do  hereby  certify  that  the  foregoing  is  a  true  copy 

SEAL         of  an  enrolled  law  now  on  file  in  my  office. 
STAMPED.  in  witness  whereof,  I  have  hereunto  set  my  hand,  and 
affixed  the  great  seal  of  the  State,  at  the  City  of  Spring- 
field, this  20th  day  of  February,  A.  D.  1865. 

SHARON  TYNDALE, 

Secretary  of  State. 


AN  ACT 

To  amend  the  Act  to  incorporate  a  Board  of  Trustees  for  the 
Town  of  Lake  View,  in  Cook  County,  approved  February 
16th,  1865. 

SECTION  1.  Be  it  enacted  by  the  people  of  the  State  of 
Illinois,  represented  in  General  Assembly,  that  the  township 
of  Lake  View,  in  Cook  County,  is,  and  shall  be  a  municipal 
corporation,  under  the  name  of  the  Town  of  Lake  View,  and 
may  have,  and  use  a  common  seal,  and  alter  the  same  at 
pleasure. 

SEC.  2.  The  Supervisor  of  said  town  shall  be  the  Presi- 
dent, and  the  Clerk  of  said  town  shall  be  the  Clerk  of  the 
Board  of  Trustees,  and  regular  meetings  of  the  Board  of 
Trustees  shall  be  held  at  such  times  and  places  as  they  may, 
by  orders  or  resolution  appoint. 

SEC.  3.  The  Supervisor  shall  be  the  Treasurer,  and  exe- 
cute such  bond  as  the  Board  of  Trustees  may  direct.  The 
Clerk  shall  perform  such  duties  as  may  be  prescribed  by  the 
Board  of  Trustees,  and  the  records,  and  certified  copies  there- 
from, or  of  any  paper  on  file  in  the  office  of  said  Clerk,  shall 
be  evidence  in  all  courts  and  places. 

SEC.  4.  The  Board  of  Trustees  shall  have  power  to  levy 
taxes  on  the  real  estate  and  personal  property  assessed  in  said 
town,  to  pay  the  expenses  authorized  by  this  Act,  and  the  Act 
to  which  this  is  an  amendment.  Whenever  the  Board  of  Trus- 
tees determines  on  the  rate  of  taxation,  the  Town  Clerk  shall 
file  a  certificate  thereof  with  the  County  Clerk,  who  shall  com- 
pute and  extend  the  taxes  on  the  real  and  personal  property, 
assessed  in  said  town,  and  returned  to  him  by  the  Town  Asses- 
sor, as  in  the  case  of  Town  taxes,  and  thereafter,  the  like  pro- 
ceedings sb all  be  had  to  collect  the  same,  and  enforce  payment 


AN  ACT  TO  INCORPORATE  A  BOARD  OF  TRUSTEES.         175 

thereof,  as  in  the  case  of  other  taxes.  The  money  when  col- 
lected shall  be  paid  to  the  Treasurer  of  the  Board  of  Trustees, 
and  paid  out  as  may  be  ordered  by  said  Board. 

SEC.  5.  The  Board  of  Trustees  shall  have  power  to  borrow, 
not  exceeding  two  thousand  dollars  in  any  one  year,  at  a  rate  of 
interest  not  exceeding  ten  per  cent,  per  annum,  to  enable  the 
town  to  meet  any  deficiency,  or  to  anticipate  the  collection  of 
the  taxes  for  the  current  year. 

SE^.  6.  The  Board  of  Trustees  may  build  a  Town  Hall,  and 
a  Calaboose,  at  such  place  as  they  may  designate,  and  for  that 
purpose  may  borrow  money,  if  necessary,  for  and  in  behalf  of 
the  ToAvn,  and  levy  a  tax  to  pay  the  expense  of  procuring  a 
site,  and  erecting  either  or  both  of  such  buildings,  but  the  cost 
shall  not  exceed  the  sum  of  three  thousand  dollars,  unless  the 
plan  and  amount  be  first  submitted  to  the  legal  voters  of  said 
Town,  at  any  regular  election,  or  any  special  election,  ordered 
by  the  Trustees  for  that  purpose.  Whenever  a  Town  Hall 
shall  be  built,  the  Town  meetings,  elections,  and  the  meetings 
of  the  Board  of  Trustees,  shall  be  held  at  such  Town  Hall. 

SEC.  7.  The  Board  of  Trustees  shall  have  the  control  and 
supervision  of  the  highways,  streets,  alleys,  public  grounds  and 
parks  in  said  Town.  Any  park  that  may  be  opened  by  the 
North  Park  Commissioners,  under  an  Act  entitled,  "  An  Act  to 
provide  for  the  location,  improvement  and  regulation  of  a  cer- 
tain park  therein  named,"  approved  February  16th,  A.  D.  1865, 
and  the  Overseers  of  Highways,  shall  be  subject  to  the  orders  of 
said  Board. 

SEC.  8.  The  Board  of  Trustees  shall  have  power  to  lay  out, 
open,  widen,  narrow,  extend,  straighten,  alter,  or  vacate  high- 
ways, streets,  and  alleys,  and  to  cause  new  or  old  highways, 
streets  and  alleys  to  be  surveyed,  platted  and  recorded.  When- 
ever the  Board  of  Trustees  shall  determine  to  execute  any  pow- 
er under  this  section,  the  three  Commissioners  of  Highways, 
shall  proceed  in  the  manner  provided  by  the  laws  in  regard  to 
Township  organization,  in  force  at  such  time,  and  the  Commis- 
sioners shall  report  their  proceedings  to  the  Board  of  Trustees* 


176          AN  ACT  TO  INCORPORATE  A  BOARD  OF  TRUSTEES. 

for  examination  and  confirmation,  and  if  disapproved,  the  same 
shall  be  of  no  force,  but  if  confirmed,  the  same  shall  have  the 
like  effect  as  the  final  decision  of  the  Commissioners  of  High- 
ways, under  the  Township  organization  laws,  and  an  appeal 
may  be  prosecuted  from  the  decision  of  the  Board  of  Trustees 
of  disapproval  or  confirmation  in  the  same  manner,  and  with 
like  effect,  as  from  the  final  decision  of  Commissioners  of  High- 
ways. 

SEC.  9.  The  Board  of  Trustees  may  provide  for  the  expen- 
ses of  opening,  widening  and  narrowing,  extending  or  altering 
highways,  streets  or  alleys,  and  for  improving  the  same  as 
authorized  by  the  Act  to  which  this  is  an  amendment,  by  gen- 
eral taxation,  or  for  a  part  thereof  by  special  assessment,  and 
a  part  by  general  taxation,  or  for  the  whole  in  the  manner  pro- 
vided in  said  Act,  as  they  may  see  proper. 

SEC.  10.  All  highways,  streets,  avenues,  alleys,  squares, 
parks  or  public  grounds,  marked  or  noted  as  such  on  any  plat, 
sub-division,  or  map  of  any  tract,  or  parcel  of  land  in  said  town, 
heretofore  made,  or  hereafter  to  be  made  by  the  owner  thereof, 
and  recorded  in  the  office,  where  deeds  have  been,  or  may  be 
required  by  law  to  be  recorded,  shall  be  deemed  in  law  and 
equity  a  sufficient  conveyance  to  vest  the  fee-simple  of  all  such 
parcels  of  land  in  the  Town  of  Lake  View,  for  the  uses  and 
purposes  expressed  or  indicated  on  said  plat  in  like  manner, 
and  with  the  same  effect,  as  is  provided  in  Section  21,  Division 
1,  Chapter  25,  of  the  Revised  Laws  of  1845,  entitled  "  Cor- 
porations." 

SEC.  11.  The  Board  of  Trustees  shall  also  have  power  to 
define  and  declare  what  shall  be  deemed  nuisances,  and  to  pre- 
vent and  abate  the  same,  and  provide  for  the  punishment  of  of- 
fenders against  any  order  or  ordinance  passed  concerning  the 
same,  by  fine  or  imprisonment,  or  both  ;  to  fix  and  determine 
the  location  of  any  Cemetery,  which  any  person  or  corporation 
may  hereafter  desire  to  establish  or  open  in  the  Town  of  Lake 
View,  and  to  fix  the  boundaries  of  any  Cemetery,  and  to  pre- 
<*vent  the  interment  of  the  dead  in  any  place,  not  now  actually 


AN  ACT  TO  INCORPORATE  A  BOARD  OF  TRUSTEES.         177 

used  as  a  Cemetery,  or  lying  within  the  enclosure  of  a  Ceme- 
tery now  established ;  to  designate  the  place  of  holding  elec- 
tions and  town  meetings,  until  a  Town  Hall  may  be  built ;  to 
license  or  regulate  saloons,  gardens  of  public  resort,  and  the 
sale  of  spirituous,  vinous  or  malt  liquors ;  to  prohibit  and  sup- 
press gaming,  houses  of  ill-fame,  horse-racing,  and  all  disorder- 
ly houses  and  places ;  to  provide  for  the  punishment  of  those 
engaged  in  fighting,  riots  or  breaches  of  the  peace,  or  those  who 
may  disturb  the  peace  and  quiet  of  any  religious  assembly,  or 
private  family  ;  to  commence  and  prosecute  or  defend  any  suit 
or  legal  proceedings,  and  to  employ  attorneys  and  necessary 
agents  for  that  purpose  ;  to  appoint  policemen,  define  their  du- 
ties, and  fix  their  compensation ;  policemen,  constables  and 
members  of  Board  of  Trustees,  may  each  arrest  without  war- 
rant, any  person  who  may  be  found  in  the  violation  of  the 
Charter  of  the  Town  or  Ordinances  passed  in  pursuance  thereof, 
or  who  may  be  suspected  of  any  such  offense,  and  bring  the 
person  so  arrested  before  any  Justice  of  the  Peace  in  said  town 
for  examination. 

SEC.  12.  The  Town  shall  sue  and  may  be  sued  by  its  cor- 
porate name.  The  Justices  of  the  Peace  of  the  Town  shall 
have"  jurisdiction  of  all  suits  or  proceedings  for  a  violation  of 
any  of  the  ordinances  passed  thereunder  ;  warrants  and  other 
writs  may  be  served  by  the  constables  or  policemen  of  the  Town, 
anywhere  in  Cook  County.  All  fines  shall  be  paid  to  the 
Treasurer  of  said  Board. 

SEC.  13.  It  shall  not  be  lawful  to  keep  open  on  Sunday  in 
the  Town  of  Lake  View,  any  saloon  or  other  place  where  liq- 
uors, ale  or  beer  shall-  be  sold  or  given  away,  within  twenty- 
five  rods  distance  from  any  Cemetery,  School  House  or  Church, 
without  the  written- consent  of  the  Superintendenfof  said  Cem- 
etery, or  the  Directors  of  the  School  District,  where  such  School 
House  is  situated,  or  the  Trustees  or  Vestrymen  of  such  Church, 
as  the  case  may  be,  and  every  violation  of  this  Section  shall  be 
punished  by  a  fine  of  one  hundred  (100)  dollars,  to  be  recorded 
before  any  Court  of  competent  jurisdiction,  and  the  license  of 


178         AN  ACT  TO  INCORPORATE  A  BOARD  OF  TRUSTEES. 

the  offender  or  offenders  shall  cease  and  be  null  and  void, 
from  and  after  any  conviction  for  such  offense. 

SEC.  14.  The  proviso  to  Section  three,  (3,)  of  the  Act  here- 
by amended,  and  all  parts  of  said  Act,  inconsistent  with  this 
Act,  are  hereby  repealed. 

SEC.  15.  The  Ordinances  heretofore  passed  by  the  Board 
of  Trustees  are  hereby  declared  valid,  and  shall  remain  in  force 
until  amended  or  repealed  by  said  Board,  and  said  Board  of 
Trustees  may  carry  out  the  powers  conferred  on  them  by  reso- 
lution, order  or  ordinance — but  neither  this  Act,  nor  the  Act 
hereby  amended,  shall  in  any  way  be  construed  as  giving  pow- 
er to  impair  the  rights  of  the  Lake  View  Avenue  Company,  or 
the  powers  and  privileges  granted,  or  to  be  granted,  to  the  said 
North  Park  Commissioners. 

SEC.  16.  This  Act  shall  be  a  public  Act,  and  all  Courts 
shall  take  judicial  notice  thereof,  and  it  shall  take  effect  from 
and  after  its  passage. 

Approved  March  5th,  1867. 


I,  SHARON  TYNDALE,  Secretary  of  State,  of  the  State  of 
Illinois,  do  hereby  certify  that  the  foregoing  is  a 
true  copy  of  an  Enrolled  Law,  now  on  file  in  this 

STAMPED  Office. 

In  witness  whereof,  I  hereto  set  my  hand  and  affix 
the  Great  Seal  of  State,  at  the  City  of  Springfield, 
this  12th  day  of  March,  A.  D.  1867. 

SHARON  TYNDALE, 

Secretary  of  State. 


AN  ACT 

To  amend  the  Charter  of  the  Town  of  Lake  View,  in  Cook 

County. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  General  Assembly,  That  hereafter 
no  new  cemetery  shall  be  opened  or  established  in  the  Town  of 
Lake  View,  in  Cook  County,  or  any  existing  cemetery  in  said 
town  be  enlarged  beyond  the  limits  now  actually  enclosed  or 
fixed  by  ordinance  now  in  force,  except  in  the  manner  herein 
prescribed.  Whenever  any  person  or  corporation  shall  desire 
to  open  such  new  cemetery,  or  enlarge  an  old  one,  an  applica- 
tion shall  be  made  to  the  Board  of  Trustees,  supported  by  the 
petition  of  at  least  twenty  legal  voters  of  the  town,  when  it 
shall  be  the  duty  of  the  Board  to  cause  the  question  to  be 
submitted  to  the  legal  voters  of  the  town,  at  the  next  annual 
election  for  town  officers ;  and  if  the  majority  of  all  the  legal 
voters,  voting  at  said  election,  shall  vote  in  favor  of  the  propo- 
sition, then  it  shall  be  lawful  to  open  and  establish  the  new 
cemetery,  or  enlarge  the  old  one,  as  the  case  may  be,  in  accord- 
ance with  the  proposition  submitted,  but  not  otherwise. 

SEC.  2.  If  any  person,  association,  or  corporation,  shall 
attempt  to  or  shall  open  and  establish  a  new  cemetery,  or  en- 
large an  old  one,  contrary  to  the  provisions  of  this  Act,  it  shall 
be  deemed  a  misdemeanor,  and  punished,  as  now  provided  by 
the  ordinance  of  said  town,  or  as  may  be  provided  by  ordi- 
nance hereafter  passed;  and  the  steps  now  allowed  by  the 
ordinances  of  the  town  to  prevent,  abate  and  remove  the  same, 
may  also  be  taken  as  therein  provided. 

SEC.  3.  It  shall  be  the  duty  of  any  court  of  competent 
jurisdiction,  on  application  of  any  resident  tax  payer  of  the 
town,  or  of  the  town  itself,  to  prevent  the  opening  or  establish- 


180    AN  ACT  TO  INCORPORATE  A  BOARD  OF  TRUSTEES. 

ment  of  any  new  cemetery,  or  the  enlargement  of  any  old  one, 
contrary  to  the  provisions  of  this  act,  by  injunction. 

SEC.  4.  The  Board  of  Trustees  may  license  and  regulate 
the  use  of  all  wagons  and  teamsters  engaged  in  hauling  for  hire 
within  the  town,  whether  the  owners  or  teamsters  reside  or 
keep  such  wagons  and  teams  in  the  town,  or  elsewhere,  and 
may  enforce  such  regulations  by  penalties  and  imprisonment. 

SEC.  5.  This  Act  shall  take  effect  from  and  after  its  pas- 
sage. 

F.  CORWIN, 

Speaker  of  the  House  of  Representatives. 
J.  DOUGHERTY, 

Speaker  of  the  Senate. 
Approved,  March  29,  1869. 

JOHN  M.  PALMER, 
GOVERNOR. 


I,  EmvAED  RUMMEL,  Secretary  of  State  of  Illinois,  do  here- 
by certify  that  the  foregoing  is  a  true  copy  of  "  An  Act 
to  amend  the  Charter  of  the.  Town  of  Lake  View,  in  Cook 
County,  Approved,  March  29</t,  1869,"  now  on  file  in  this 
office. 

In  witness  whereof,  I  hereto  set  my  hand,  and  affix  the 
Great  Seal  of  State,  at  the  City  of  Springfield,  this  15th 
day  of  April,  A.  D.  1869. 

EDWARD  RUMMEL, 

Secret-iry  of  State. 


AN  ACT 
To  Preserve  the  Shore  of  Lake  Michigan  for  Residences. 

SECTION  1.  Be  it  enacted  by  the  People  of  the  State  of 
Illinois,  represented  in  the  Greneral  Assembly,  That  hereafter 
no  cemetery  or  place  for  burial  of  the  dead  shall  be  laid  out 
or  established  at  any  place  within  one  mile  of  the  shore  of 
Lake  Michigan,  in  the  Towns  of  Lake  View  and  Evanston ; 
and  no  cemetery  or  place  for  burial  of  the  dead,  noAv  being 
within  that  distance  of  said  lake,  in  said  towns,  shall  be  ex- 
tended, increased  in  size,  or  enlarged  beyond  the  present  lim- 
its, as  laid  out  and  dedicated  for  purposes  aforesaid,  so  as  to 
bring  the  said  cemetery  nearer  to  the  lake  than  its  present 
location,  or  within  the  said  mile. 

SEC.  2.     This  Act  shall  take  effect  and  :)e  in  force  from 
and  after  its  passage. 

F.  CORWIN, 

Speaker  of  the  House  of  Representatives. 
J.   DOUGHERTY, 

Speaker  of  the  Senate. 
Approved,  March  30th,  1869. 

JOHN  M.  PALMER, 
GOVERNOR. 


UNITED  STATES  OF  AMERICA, )  Q  SECRETARY 

STATE  OF  ILLINOIS.  /SS> 

I,  EDWARD  RUMMEL,  Secretary  of  State  of  Illinois,  do  here- 
by certify  that  the  foregoing  is  a  true  copy  of  "An  Act 
to  preserve  the  shore  of  Lake  Michigan  for  Residences,  Ap- 
proved, March  30,  1869,"  now  on  file  in  this  office. 
SEAL.  in  witness  whereof,  I  hereto  set  my  hand  and  affix  the 
Great  Seal  of  State,  at  the  City  of  Springfield,  this  15th 
day  of  April,  A.  D.  1869. 

EDWARD  RUMMEL, 

Secretary  of  State. 


Article  IX, 


Of  an  Act  of  the  General  Assembly  of  the  State  of  Illinois, 

entitled  "An  Act  to  provide  for  the  Incorporation  of  Cities 

and  Villages/'      Approved  April  10,  1872. 


SPECIAL  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS. 


1.  Taxing  powers. 

2.  Manner  of  taxation. 

3.  Eminent  domain. 

4.  Petition  for  condemnation. 

5.  Form  and  contents  of  peti- 
tion. 

6.  Summons — notice. 

7.  Hearing — jury. 

8.  Compensation  ascertained 
by  jury. 

9.  Viewing  premises. 

10.  Verdict;  order;  new  parties; 
further  proceedings. 

11.  Powers  of  court. 

12.  Delay — powers  of  court. 

13.  Persons  under  disability. 

14.  Judgment ;  payment ;  effect; 
appeals,  etc. 

15.  Order  for  possession;  when. 

16.  Expense,  when  paid  by  gen 

eral  tax. 

17.  Where,  by  special  taxation 
of  contiguous  property. 

18.  Special  assessment ;  how 
made. 

19.  Ordinance  for. 

20.  Estimate  of  expense. 

21.  Report  and  approval. 

22.  Petition  for  assessment. 


23.  Order  appointing  commis- 
sioners; form  of  oaths. 

24.  Duty  of  commissioners. 

25.  Assessment  roll. 

26.  Notice  of  assessment;  notices 
by  mail,  form  of;  notice  by 
publication,  form  of. 

27.  Proof  of  such  notice,  and 
place  of  deposit. 

28.  Effect,  if  notice  not  in  time. 

29.  Hearing  of  report;  object'ns. 
30  Manner  of  hearing  &  finding 

31.  Preference  over  other  cases 

on  docket. 

32.  Powers  of  court  to  modify, 
etc. ;  assessment. 

33.  Effect  of  judgment;  appeals 
from;  to  be  a  lien. 

34.  Certificate  of  judgment,  etc. 
to  clerk  of  city. 

35.  Form  of  warrant  to  collect. 

36.  Notice  by  city  collector ; 
form  of. 

37.  Manner  of  collecting. 

38.  Delinquent  list  to  be  report- 
ed to  general  officer  of  coun- 
ty ;  manner  and  effect  of. 

39.  Duty  of  officer  receiving 
report. 


SPECIAL  ASSESSMENTS. 


183 


40.  Report  of  sales ;  redemption 
from. 

41.  Penalty  of  general  officer 
for  selling  land,  for  which 
he  has  coll'cM  assessment. 

42.  Both  collectors  to  pay  over, 

as  per  ordinance;  compen- 
sation. 

43.  Proccdings  for  judgment; 
as  per  general  revenue  law. 

44.  Cities  may  purchase  at  sales. 

45.  New  assessments. 

46.  Second  assessment. 

47.  Time  for  subsequent  assess- 

ment, for  deficiency ;  cred- 


its or  further  assessments; 
liens  five  years  from  confir- 
mation of  first  assessm't,  etc. 

48.  Rights  of  contractor. 

49.  Letting  contracts. 

50.  Lien  of  assessments. 

51.  Suits  by  collector  for  assess- 
ments; trial  and  judgment; 
general  execution;  or  sci.  fa. 
by  city  for  gen'l  execution. 

52.  Petition  to  assess   benefits 
may  be  filed  with  petition 
for  condemnation. 

53.  Any  existing  city  or  town 
may  adopt  this  article  alone 


SECTION  1.  That  the  corporate  authorities  of  cities  and  vil- 
lages are  hereby  vested  with  power  to  make  local  improvements 
by  special  assessment  or  by  special  taxation,  or  both,  of  con- 
tiguous property,  or  general  taxation,  or  otherwise,  as  they 
shall  by  ordinance  prescribe. 

SEC.  2.  When  any  such  city  or  village  shall,  by  ordinance, 
provide  for  the  making  of  any  local  improvement,  it  shall  by 
the  same  ordinance  prescribe  whether  the  same  shall  be  made 
by  special  assessment  or  by  special  taxation  of  contiguous 
property,  or  general  taxation,  or  both. 

SEC.  3.  Should  said  ordinance  provide  for  improvements 
which  require  the  taking  or  damaging  of  property,  the  proceed- 
ing for  making  just  compensation  therefor  shall  be  as  follows  : 

SEC.  4.  Whenever  any  such  ordinance  shall  be  passed  by  the 
legislative  authority  of  any  such  city  or  village,  for  the  making 
of  any  improvement  mentioned  in  the  first  section  of  this  Act, 
or  any  other  local  improvement  that  such  city  or  village  is  au- 
thorized to  make,  the  making  of  which  will  require  that  private 
property  be  taken  or  damaged  for  public  use,  such  city  or  vil- 
lage shall  file  a  petition  in  some  court  of  record  of  the  county 
in  which  such  city  is  situated,  in  the  name  of  the  city,  praying 
that  "  the  just  compensation  to  be  made  for  private  property  to 


184  SPECIAL  ASSESSMENTS. 

be  taken  or  damaged  for  the  improvement  or  purpose  specified 
in  such  ordinance  shall  be  ascertained  by  a  jury." 

SEC.  5.  Such  petition  shall  contain  a  copy  of  the  said  ordi- 
nance, certified  by  the  clerk,  under  the  corporate  seal ;  a  rea- 
sonably accurate  description  of  the  lots,  parcels  of  land,  and 
property  which  will  be  taken  or  damaged,  and  the  names  of  the 
owners  and  occupants  thereof,  so  far  as  known  to  the  board  or 
officer  filing  the  petition,  and  where  any  known  owners  are  non- 
residents of  the  State,  stating  the  fact  of  such  non-residence. 

SEC.  6.  Upon  the  filing  of  the  petition  aforesaid,  a  sum- 
mons, which  may  be  made  returnable  upon  any  day  in  term 
time,  shall  be  issued  and  served  upon  the  persons  made  parties 
defendant,  as  in  cases  in  chancery.  And  in  case  any  of  them 
are  unknown,  or  reside  out  of  this  State,  or  on  due  inquiry 
cannot  be  found,  the  clerk  of  the  court,  upon  an  affidavit  being 
filed  showing  such  fact,  shall  cause  publication  to  be  made  in 
some  newspaper  printed  in  his  county,  or  if  there  be  no  news- 
paper published  in  his  county,  then  in  some  newspaper 
published  in  this  State,  containing  notice  of  the  pendency  of 
such  proceeding,  the  parties  thereto,  the  title  of  the  court,  and 
the  time  and  place  of  the  return  of  the  summons  in  the  case, 
and  the  nature  of  said  proceeding ;  such  publication  to  be  made 
for  four  weeks  consecutively,  at  least  once  in  each  week,  the 
first  of  which  shall  be  at  least  thirty  days  before  the  return 
day  of  such  summons.  Notices  so  given  by  publication  shall 
be  sufficient  to  authorize  the  court  to  hear  and  determine  the 
suit,  as  though  all  parties  had  been  sued  by  their  proper  names 
and  had  been  personally  served. 

SEC.  7.  Upon  the  return  of  said  summons,  or  as  soon  there- 
after as  the.  business  of  the  court  will  permit,  the  said  court 
shall  proceed  to  the  hearing  of  such  petition,  and  shall  impanel 
a  jury  to  ascertain  the  just  compensation  to  be  paid  to  all  of 
such  owners  and  occupants  aforesaid. 

But  if  any  defendant  or  party  in  interest  shall  demand,  or 
the  court  shall  deem  it  proper,  separate  juries  may  de  impan- 


SPECIAL  ASSESSMENTS.  185 

eled  as  to  the  compensation  or  damages  to  be  paid  to  any  one 
or  more  of  such  defendants  or  parties  in  interest.  [As  amended 
by  act  in  force  March  30,  1874.] 

SEC.  8.  Such  jury  shall  also  ascertain  the  just  compensa- 
tion to  be  paid  to  any  person  claiming  an  interest  in  any  lot, 
parcel  of  land  or  property  which  may  be  taken  or  damaged  by 
such  improvement,  whether  or  not  such  person's  name,  or  such 
lot,  parcel  of  land,  or  other  property,  is  mentioned  or  described 
in  such  petition ;  Provided,  such  person  shall  first  be  admitted 
as  a  party  defendant  to  said  suit  by  such  court,  and  shall  file 
a  statement  of  his  interest  in,  and  description  of  the  lot,  parcel 
of  land,  or  other  property  in  respect  to  which  he  claims  com- 
pensation. 

SEC.  9.  The  court  may,  upon  the  motion  of  such  city  or 
village,  or  of  any  person  claiming  any  such  compensation,  direct 
that  said  jury  (under  the  charge  of  an  officer  of  the  court)  shall 
view  the  premises  which  it  is  claimed  by  any  party  to  said  pro- 
ceeding will  be  taken  or  damaged  by  said  improvement,  and  in 
any  case,  where  there  is  no  sasisfactory  evidence  given  to  the 
jury  as  to  the  ownership  of,  or  as  to  the  extent  of  the  interest 
of  any  defendant  in  the  property  to  be  taken  or  damaged,  the 
jury  may  return  their  verdict  as  to  the  compensation  or  dam- 
age to  be  paid  for  the  property  or  part  of  property  to  be  taken 
or  damaged,  and  for  the  entire  interests  therein.  [As  amended 
by  act  in  force  March  30,  1874.] 

SEC.  10.  Upon  the  return  of  such  verdict,  the  court  shall 
order  the  same  to  be  recorded,  and  shall  enter  such  judgment 
or  decree  thereon  as  the  nature  of  the  case  may  require.  The 
court  shall  continue  or  adjourn  the  cause,  from  time  to  time, 
as  to  all  occupants  and  owners  named  in  such  petition  who 
shall  not  have  been  served  with  process,  or  brought  in  by 
publication,  and  shall  order  a  new  summons  to  issue  and  new 
publication  to  be  made;  and  upon  such  occupants  or  owners 
being  brought  into  court,  shall  impanel  a  jury  to  ascertain  the 
compensation  so  to  be  paid  to  such  defendant  or  defendants, 
for  private  property  taken  or  damaged ;  and  like  proceeding 


186  SPECIAL  ASSESSMENTS. 

shall  be  had  for  such  purpose  as  hereinbefore  provided  for  the 
ascertaining  of  compensation  to  other  owners. 

SEC.  11.  The  court  shall  have  power,  at  any  time,  upon 
proof  that  any  such  owner  or  owners  named  in  such  petition, 
who  has  not  been  served  with  process,  has  ceased  to  be  such 
owner  or  owners  since  the  filing  of  such  petition,  to  impanel  a 
jury  and  ascertain  the  just  compensation  to  be  made  for  the 
property  (or  the  damage  thereto)  which  had  been  owned  by  the 
person  or  persons  so  ceasing  to  own  the  same ;  and  the  court 
may,  upon  any  finding  or  findings  of  any  jury  or  juries,  or  at 
any  time  during  the  course  of  such  proceedings,  enter  such 
order,  rule,  judgment  or  decree  as  the  nature  of  the  case  may 
require. 

SEC.  12.  No  delay  in  making  an  assessment  of  compensa- 
tion shall  be  occasioned  by  any  doubt  or  contest  which  may 
arise  as  to  the  ownership  of  the  property,  or  any  part  thereof, 
or  as  to  the  interests  of  the  respective  owners  or  claimants,  but 
in  such  case  the  court  may  impanel  a  jury  and  ascertain  the 
entire  compensation  or  damage  that  should  be  paid  for  the 
property,  or  part  of  property,  and  the  entire  interests  of  all 
parties  therein,  and  may  require  adverse  claimants  to  inter- 
plead  so  as  to  fully  determine  their  rights  and  interests  in  the 
compensation  so  ascertained.  And  the  court  may  make  such 
order  as  may  be  necessary  in  regard  to  the  deposit  or  payment 
of  such  compensation. 

SEC.  13.  When  it  shall  appear,  from  said  petition  or  other- 
wise, at  any  time  during  the  proceedings  upon  such  petition, 
that  any  infant,  or  insane  or  distracted  person,  is  interested  in 
any  property  that  is  to  be  taken  or  damaged,  the  court  shall  ap- 
point a  guardian,  ad  titem,  for  such  infant  or  insane  or  distracted 
person,  to  appear  and  defend  for  him,  her  or  them ;  and  the 
court  shall  make  such  order  or  decree  as  it  shall  deem  proper 
to  protect  and  secure  the  interest  of  such  infant,  or  insane  or 
distracted  person^  in  such  property,  or  the  compensation  which 
shall  be  awarded  therefor. 


SPECIAL  ASSESSMENTS.  187 

SEC.  14.  Any  final  judgment  or  judgments,  rendered  by 
said  court,  upon  any  finding  or  findings  of  any  jury  or  juries, 
shall  be  a  lawful  and  sufficient  condemnation  of  the  land  or 
property  to  be  taken  upon  the  payment  of  the  amount  of  such 
finding  as  hereinafter  provided.  It  shall  be  final  and  conclu- 
sive as  to  the  damages  caused  by  such  improvement,  unless 
such  judgment  or  judgments  shall  be  appealed  from ;  but  no 
appeal  or  writ  of  error  upon  the  same  shall  delay  proceedings 
under  said  ordinance,  if  such  city  or  village  shall  deposit,  as 
directed  by  the  court,  the  amount  of  the  judgment  and  costs, 
and  shall  file  a  bond  in  the  court  in  which  such  judgment  was 
rendered,  in  a  sum  to  be  fixed  and  with  security  to  be  approv- 
ed by  the  judge  of  said  court,  which  shall  secure  the  payment 
of  any  future  compensation  which  may  at  any  time  be  finally 
awarded  to  such  party  so  appealing  or  suing  out  such  writ  of 
error,  and  his  or  her  costs. 

SEC.  15  The  Court,  upon  proof  that  said  just  compensation 
so  found  by  the  jury  has  been  paid  to  the  person  entitled  there- 
to, or  has  been  deposited  as  directed  by  the  court  (and  bond  giv- 
en, in  case  of  any  appeal  or  writ  of  error,)  shall  enter  an  order 
that  the  city  or  village  shall  have  the  right,  at  any  time  there- 
after, to  take  possession  of  or  damage  the  property,  in  respect 
to  which  such  compensation  shall  have  been  so  paid  or  depos- 
ited, as  aforesaid. 

SEC.  16.  When  the  ordinance  under  which  said  improve- 
ment is  ordered  to  be  made,  shall  provide  that  such  improve- 
ment shall  be  made  by  general  taxation,  the  cost  of  such  im- 
provement shall  be  added  to  the  general  appropriation  bill  of 
such  city  or  village,  and  shall  be  levied  and  collected  with  and 
as  a  part  of  the  general  taxes  of  such  city  or  village. 

SEC.  17.  When  said  ordinance  under  which  said  local  im- 
provement shall  be  ordered  shall  provide  tbat  such  improvement 
shall  be  made  by  special  taxation  of  contiguous  property,  the 
same  shall  be  levied,  assessed  and  collected  in  the  way  provided 
in  the  sections  of  this  act  providing  for  the  mode  of  making, 
levying,  assessing  and  collecting  special  assessments. 


188  SPECIAL  ASSESSMENTS. 

(a)  See  Act  of  1872,  entitled  "Eminent  Domain,"  and 
notes  thereto. 

(b)  Mandamus  may  be  awarded  to  compel  a  city  to  collect 
such  taxes  and  assessments,  Higgim  vs.    Chicago,  18  111.  R., 
276,  and  an  action  on  the  case  will  lie  against  the  city  for  fail- 
ure to  collect  and  pay  over  damages  assessed  on  condemnation. 
Claybury  vs.  Chicago,  25  111.  R.,  535. 

SEC.  18.  When  the  ordinance  under  which  said  local  im- 
provement is  ordered  to  be  made  shall  provide  that  such  im- 
provement shall  be  wholly  or  in  part  made  by  special  assess- 
ment, the  proceedings  for  the  making  such  special  assessment 
shall  be  in  accordance  with  the  sections  of  this  act  [Article] 
from  eighteen  to  fifty -one  inclusive. 

SEC.  19.  Whenever  such  local  improvements  are  to  be  made 
wholly  or  in  part  by  special  assessment,  the  said  council  in  cities, 
or  board  of  trustees  in  villages,  shall  pass  an  ordinance  to  that 
effect,  specifying  therein  the  nature,  character,  locality  and  de- 
scription of  such  improvement :  Provided,  That  whenever 
any  such  ordinance  sha  1  provide  only  for  the  building  or  re- 
newing of  any  sidewalk,  the  owner  of  any  lot  or  piece  of  land 
fronting  on  such  sidewalk  shall  be  allowed  fifteen  days  after 
the  time  at  which  such  ordinance  shall  take  effect  in  which  to 
build  or  renew  such  sidewalk  opposite  his  land,  and  thereby 
relieve  the  same  from  assessment :  Provided,  That  the  work 
so  to  be  done  shall  in  all  respects  conform  to  the  requirements 
of  such  ordinance, 

SEC.  20.  The  city  council  or  board  of  trustees  shall  appoint 
three  of  its  members,  or  any  other  three  competent  persons, 
who  shall  make  an  estimate  of  the  cost  of  the  improvement 
contemplated  by  such  ordinance,  including  labor,  materials, 
and  all  other  expenses  attending  the  same,  and  the  cost  of  mak- 
ing and  levying  the  assessment,  and  shall  report  the  same  in 
writing  to  said  council  or  board  of  trustees. 

SEC.  21.  On  such  report  being  made  and  approved  by  the 
council,  or  board  of  trustees,  as  the  case  may  be,  it  may  order 


SPECIAL  ASSESSMENTS.  189 

a  petition  to  be  filed  by  such  officer  as  it  shall  direct,  in  the 
county  court  of  its  county,  for  proceedings  to  assess  the  cost  of 
such  improvement  in  the  manner  provided  in  this  act. 

SEC.  22.  The  petition  shall  be  in  the  name  of  the  corpora- 
tion, and  shall  recite  the  ordinance  for  the  proposed  improve- 
ment, and  the  report  of  such  commission,  and  shall  pray  that 
the  cost  of  such  improvement  may  be  assessed  in  the  manner 
prescribed  by  law. 

SEC.  23.  Upon  the  filing  of  such  petition  the  court  shall 
appoint  three  competent  persons  as  commissioners,  who  shall 
take  and  subscribe  an  oath,  in  substance  as  follows,  to-wit : 

"  STATE  OF  ILLINOIS,  \ 
County.         |bk 

"  We  the  undersigned  commissioners,  appointed  by  the  county 

court  of —       — county,  to  assess  the  cost  of — (here  state  in 

general  terms  the  improvement,)  do  solemnly  swear  (or  affirm,  as  the 
case  may  be,)  that  we  will  a  true  and  impartial  assessment  make  of 

the  cost  of  said  improvement  upon  the  city  (or  village)  of , 

and  the  property  benefited  by  such  improvement,  to  the  best  of  our 
ability,  and  according  to  law." 

SEC.  24.  It  shall  be  the  duty  ot  such  commissioners  to  ex- 
amine the  locality  where  the  improvement  is  proposed  to  be 
made,  and  the  lots,  blocks,  tracts  and  parcels  of  lands  that  will 
be  specially  benefited  thereby,  and  to  estimate  what  proportion 
of  the  total  cost  of  such  improvement  will  be  of  benefit  to  the 
public,  and  what  proportion  thereof  will  be  of  benefit  to  the 
property  to  be  benefited ;  aud  apportion  the  same  between  the 
city  or  village  and  such  property,  so  that  each  shall  bear  its  rel- 
ative equitable  proportion ;  and  having  found  said  amounts,  to 
apportion  and  assess  the  amount  so  found  to  be  of  benefit  to 
the  property,  upon  the  several  lots,  blocks,  tracts  and  parcels 
of  land  in  the  proportion  in  which  they  will  be  severally  bene- 
fited by  such  improvement:  Provided,  That  no  lot,  block, 
tract  or  parcel  of  land  shall  be  assessed  a  greater  amount  than 
it  will  be  actually  benefited.  And  provided  further,  That  it 
shall  not  be  necessary  for  said  commissioners  to  examine  the 
locality  except  where  the  ordinance  provides  for  the  opening, 


190  SPECIAL  ASSESSMENTS. 

widening  or  improvement  of  streets  and  alleys,  (as  amended 
by  act  approved  and  in  force  March  30,  1874.) 

(a]  See  Sec.  9,  Art.  9,  Constitution  of  1870.  Prior  to 
this  section  it  was  decided  that  it  was  not  necessary  for  the 
commissioners  to  go  upon  the  ground  or  streets  sought  to  be 
improved,  and  there  investigate.  Wright  vs.  Chicago,  48  111. 
R.,  285,  and  their  judgment  could  not  be  impeached  except  by 
fraud.  (Elliot  vs.  Chicago,  48  111.  R.,  293  ;  Chicago  vs.  Bur- 
tice,  24  Id.,  489.) 

(5)  Such  assessments  are  not  like  taxes,  a  charge  upon 
property  that  reduces  its  value.  (The  Trustees  $c.,  vs.  Chi- 
cago, 12  111.  R.,  403;  Peoria  vs.  Kidder,  26  Id.,  357.) 

(<?)  In  all  special  assessments,  there  should  be  assessed  on 
each  lot  or  tract  the  benefit  it  will  derive  from  the  improvement 
charging  such  benefit :  and  the  residue  of  the  cost  should  be 
paid  by  equal  and  uniform  taxation.  (Chicago  vs.  Lamed, 
34  111.  R.,  203 ;  Ottawa  vs.  Spencer,  40  Id.,  211 ;  Chicago 
vs.  Baer,  41  Id.,  306  ;  Bedard  vs.  Hall,  44  Id.,  91 ;  Holbrook 
vs.  Dickinson,  46  Id.,  285.)  And  such  special  assessment  is 
void,  where  the  whole  cost  of  the  improvement  is  put  upon 
property  in  proportion  to  the  benefits  exceeding  the  actual  ben- 
efits conferred.  (St.  John  vs.  East  St.  Louis,  50  111.  R.,  90.) 
It  is  the  same  where  contiguous  property  is  taxed  for  improve- 
ments under  Sec-  17,  ante. 

(d]  Church  property  exempt  from  general  taxation  is  liable 
to  special  assessments.     (Ottawa  vs.  Trustees,  $c.,  22  111.  R., 
624.)     So  is  property  owned  by  a  city.     (Higgins  vs.  Chicago, 
18  111.  R.,  281 ;  Scammon  vs.  Chicago,  12  111.  R.,  193.)     Or 
by  a  street  railroad.     (Chicago  vs.  Baer,  41  111.  R.,  306.) 

(e)  Assessments  must  be  for  improvements  to  be  made,  and 
not  for  those  already  completed.     (Dorathy  vs.  Chicago,  53  111. 
R.,  79 ;  Butsie  Howell  vs.  Buffalo,  37  N.  Y.,  R.,  267.) 

(/)  An  assessment  collected,  may  be  recovered  back  where 
the  improvement  has  been  abandoned.  (Bradford  vs.  Chicago, 


SPECIAL  ASSESSMENTS.  191 

25  111.  R.,  411 ;   Cook  Co.  vs.  Q.  B.  $  Q.  R.  R.  Co.,  35  111. 
R.,  466.) 

(g)  A  great  number  of  recent  decisions,  not  yet  reported, 
on  sundry  points  in  relation  to  special  assessments,  should  be 
consulted. 

(SEC.  25.     Repealed  by  act  approved  April  25,  1873.) 

SEC.  26.  They  shall  also  make  or  cause  to  be  made  an  as- 
sessment roll,  in  which  shall  appear  the  names  of  the  owners, 
so  far  as  known,  a  description  of  each  lot,  block,  tract  or  par- 
cel of  land,  and  the  amount  assessed  as  special  benefits  thereto; 
and  in  which  they  shall  set  down  as  against  the  city  or  village 
the  amount  they  shall  have  found  as  public  benefit,  and  certify 
such  assessment  roll,  to  the  court  by  which  they  were  appointed, 
at  least  ten  days  before  the  first  day  of  the  term  at  which  a  fi- 
nal hearing  thereon  shall  be  had. 

SEC.  27.  It  shall  also  be  the  duty  of  such  commissioners  to 
give  notice  of  such  assessment,  and  of  the  term  of  court  at  which 
a  final  hearing  thereon  will  be  had,  in  the  following  manner : 

First. — They  shall  send  by  mail  to  each  owner  of  premises 
assessed,  whose  name  and  place  of  residence  is  known  to  them, 
a  notice  substantially  in  the  following  form : 

"  Mr.  -     -  : 

"  Your  (here  give  a  short  description  of  the  premises)  is  as- 
sessed $ for  public  improvement.  The  assessment  roll  will  be  re- 
turned to  the of  the  County  Court  of—  —  County. 

(Here  give  date.)  ~) 

[•  Commissioners." 

) 

Second. — They  shall  cause  at  least  ten  days'  notice  to  be 
given  by  posting  notices  in  at  least  four  public  places  in  such 
city  or  village,  two  of  which  shall  be  in  the  neighborhood  of 
such  proposed  improvement,  and  when  a  daily  newspaper  is 
published  in  such  city  or  village,  by  publishing  the  same  at 
least  five  successive  days  in  such  daily  newspaper  published ; 
or  if  no  daily  newspaper  is  published  in  such  city  or  village,  and 


192  SPECIAL  ASSESSMENTS. 

a  weekly  newspaper  is  -published  therein,  then  at  least  once  in 
each  week  for  two  successive  weeks  in  such  weekly  newspaper; 
or  if  no  daily  or  weekly  newspaper  is  published  in  such  city  or 
village,  then  in  a  newspaper  published  in  the  county  in  which 
such  city  or  village  is  situated.  The  notice  may  be  substantially 
as  follows  : 

"  Special  Assessment  Notice. — Notice  is  hereby  given  to  all  persons 
interested,  that  the  city  council  (or  board  of  trustees,  as  the  case  may 
be),  of ,  having  ordered  that  (here  insert  the  description  and  na- 
ture of  improvements  substantially  as  in  ordinance)  have  applied  to 

the  County  Court  of County  for  an  assessment  of  the  costs  of  said 

improvements  according  to  benefits,  and  an  assessment  thereof  hav- 
ing been  made  'end  returned  to  said  court,  the  final  hearing  thereon 

will  be  had  at  the term  of  said  court,  commencing  on  the 

day  of ,  A.  D.  18 — .  All  persons  desiring  may  then  and  there  ap- 
pear and  make  their  defense. 

(Here  give  date.)  ] 

>  Commissioners." 


(As  amended  by  act  in  force  July  1,  1873.  See  Ottawa  vs. 
Macy,  20  111.  R.,  413. 

SEC.  28.  On  or  before  the  final  hearing,  the  affidavit  of  one  or 
more  of  the  commissioners  shall  be  filed  in  said  court,  stating 
that  they  have  sent  or  caused  to  be  sent  by  mail  to  the  owners 
whose  premises  have  been  assessed,  and  whose  names  and  places 
of  residence  are  known  to  them,  the  notice  hereinbefore  re- 
quired to  be  sent  by  mail  to  owners  of  premises  assessed.  They 
shall  also  cause  to  be  filed  the  affidavit  of  the  person  who  shall 
have  posted  the  notices  required  by  this  act  to  be  posted,  set- 
ting forth  when  and  in  what  manner  the  same  were  posted. 
Such  affidavits  shall  be  received  as  prima  facie  evidence  of  a 
compliance  with  this  act  in  regard  to  giving  such  notices.  They 
shall  also  file  a  certificate  of  publication  of  said  notice  in  like 
manner  as  is  required  in  other  cases  of  publication  of  notices. 
(As  amendeded  by  act  in  force  July  1,  1873.) 

SEC.  29.  If  ten  days  shall  not  have  elapsed  between  the 
first  publication,  or  the  putting  up  of  such  notices,  and  the  first 


SPECIAL  ASSESSMENTS.  193 

day  of  the  next  term  of  such  court,  the  hearing  shall  be  con- 
tinued until  the  next  term  of  court. 

SEC.  30.  Any  person  interested  in  any  real  estate  to  be 
affected  by  such  assessment,  may  appear  and  file  objections  to 
such  report,  and  the  court  may  make  such  order  in  regard  to 
the  time  of  filing  such  objections  as  may  be  made  in  cases  at  law 
in  regard  to  the  time  of  filing  pleas.  As  to  all  lots,  blocks, 
tracts  and  parcels  of  land,  to  the  assessment  of  which  objec- 
tions are  not  filed  within  the  time  ordered  by  the  court,  default 
may  be  entered  and  the  assessment  confirmed  by  the  court. 

(a)  The  court  may  take  time  to  consider  and  decide  upon 
the  objections.  Ottawa  vs.  Fisher,  20  111.  R.,  422. 

(5)  A  party  after  notice,  who  fails  to  appear,  waives  all  ob- 
jections. (Ottawa  vs.  C.  $  R.  I.  R.  R.  Co.,  25  111.  R.,  43; 
Jenks  vs.  Chicago,  48  Id.,  296.) 

(c]  A  special  assessment  cannot  extend  beyond  the  prop- 
erty described  in  the  notice.     (Owen  vs.  Chicago,  53  111.  R., 
95.) 

(d)  The  assessment  must  conform  to  the  law ;  it  is  the  foun- 
dation of  the  proceedings.     (Chicago  vs.  Wright,  32  111.  R., 
192.) 

SEC.  31.  On  the  hearing,  the  report  of  the  commissioners 
shall  be  competent  evidence,  and  either  party  may  introduce 
such  other  evidence  as  may  tend  to  establish  the  right  of  the 
matter.  The  hearing  shall  be  conducted  as  in  other  cases  at 
law,  and  if  it  shall  appear  that  the  premises  of  the  objector  are 
assessed  more  or  less  than  they  will  be  benefited,  or  more  or 
less  than  their  proportionate  share  of  the  cost  of  the  improve- 
ment, the  jury  shall  so  find,  and  also  find  the  amount  for  which 
such  premises  ought  to  be  assessed,  and  judgment  shall  be  ren- 
dered accordingly. 

SEC.  32.  The  hearing  in  all  cases  arising  under  this  act 
shall  have  precedence  over  all  other  cases  in  such  court,  except 
criminal  cases. 


194  SPECIAL  ASSESSMENTS. 

SEC.  33.  The  court  before  which  any  such  proceeding  may 
be  pending,  shall  have  authority,  at  any  time  before  final  ad- 
journment, [judgment,]  to  modify,  alter,  change,  annul  or  con- 
firm any  assessment  returned  as  aforesaid,  or  cause  any  such 
assessment  to  be  recast  by  the  same  commissioners  whenever  it 
shall  be  necessary  for  the  attainment  of  justice',  or  may  appoint 
other  commissioners  in  the  place  of  all  or  any  of  the  commis- 
sioners first  appointed,  for  the  purpose  of  making  such  assess- 
ment, modifying,  altering,  changing  or  recasting  the  same,  and 
may  take  all  such  proceedings  and  make  all  such  orders  as  may 
be  necessary  to  make  a  true  and  just  assessment  of  the  cost  of 
such  improvement  according  to  the  principles  of  this  act,  and 
may  from  time  to  time,  as  may  be  necessary,  continue  the  ap- 
plication for  that  purpose  as  to  the  whole  or  any  part  of  tne 
premises. 

SEC.  34.  The  judgment  of  the  court  shall  have  the  effect  of 
a  several  judgment  as  to  each  tract  or  parcel  of  land  assessed, 
and  any  appeal  from  such  judgment  or  writ  of  error  shall  not 
invalidate  or  delay  the  judgment  except  as  to  the  property  con- 
cerning which  the  appeal  or  writ  of  error  is  taken.  Such  judg- 
ment shall  be  a  lien  upon  the  property  assessed,  from  the  date 
thereof  until  payment  shall  be  made. 

SEC.  35.'  The  clerk  of  the  court  in  which  such  judgment  is 
rendered  shall  certify  the  assessment  roll  and  judgment  to  the 
clerk  of  such  city  or  village,  or  if  there  has  been  an  appeal  or 
writ  of  error  taken  on  any  part  of  such  judgment,  then  he  shall 
certify  such  part  of  the  judgment  as  is  not  included  in  such  ap- 
peal or  writ  of  error.  The  clerk  of  the  city  or  village  shall 
file  such  certificate  in  his  office,  and  issue  a  warrant  for  the 
collection  of  such  assessment. 

SEC.  36.  The  warrant  in  all  cases  of  assessment  under  this 
act  shall  contain  a  copy  of  such  certificate  of  the  judgment, 
describing  the  lots,  blocks,  tracts  and  parcels  of  land  assessed, 
:md  the  respective  amounts  assessed  on  each  lot,  block,  tract  or 
parcel  of  land,  and  shall  be  delivered  to  the  officer  authorized 


SPECIAL  ASSESSMENTS.  195 

to  collect  such  special  assessments.  Such  warrant  shall  give 
sufficient  authority  to  collect  the  assessments  therein  specified. 

X 

SEC.  37.  The  collector  receiving  such  warrant  shall  imme- 
diately give  notice  thereof  by  publishing  such  notice  in  one  or 
more  newspapers  in  such  city  or  village,  if  such  newspaper  is 
there;  and  if  there  is  no  such  newspaper,  then  by  posting  four 
copies  thereof  in  public  places  along  the  line  of  the  proposed 
improvement.  Such  notice  may  be  substantially  in  the  follow- 
ing form : 

"SPECIAL  ASSESSMENT  NOTICE.   SPECIAL  WARRANT  NO.  — . 

"Public  notice  is  hereby  given  that  the  (here  insert  the  title  of 
court)  has  rendered  judgment  for  a  special  assessment  upon  property 
benefited  by  the  following  improvement  (here  insert  the  character 
and  location  of  the  improvement  in  general  terms),  as  will  more 
fully  appear  from  the  certified  copy  of  the  judgment  on  file  in  the 

office  of  the  clerk  of  the  city  (or  village)  of ,  that  a  warrant 

for  the  collection  of  such  assessments  is  in  the  hands  of  the  under- 
signed. All  persons  interested  are  hereby  notified  to  call  and  pay 
the  amounts  assessed  at  the  collector's  office  (here  insert  location  of 
office),  within  thirty  days  from  the  date  hereof. 

"  Dated  this  —      -  day  of  —    — ,  A.  D.  18—. 

,  Collector." 

SKC.  38.  It  shall  be  the  duty  of  the  collector  into  whose 
hands  the  warrant  shall  so  come,  as  far  as  practicable,  to  call 
upon  all  persons  resident  within  the  corporation  whose  names 
appear  on  the  assesment  roll,  or  the  occupants  of  the  property 
assessed,  and  personally,  or  by  written  or  printed  notice  left  at 
his  or  her  usual  place  of  abode,  inform  them  of  such  assessment, 
and  request  payment  of  the  same.  Any  such  collector  omit- 
ting so  to  do  shall  be  liable  to  a  penalty  of  ten  dollars  for  every 
such  omission,  but  the  validity  of  the  special  assessment,  or  the 
right  to  apply  for  and  obtain  judgment  for  any  such  special 
[assessment]  shall  not  be  affected  by  such  omission.  It  shall 
be  the  duty  of  such  collector  to  write  the  word  "  paid  "  oppo- 
site each  tract  or  lot  on  which  the  assessment  is  paid,  together 
with  the  name  and  post  office  address  of  the  person  making  the 
payment,  and  date  of  payment. 


196  SPECIAL  ASSESSMENTS. 

SEC.  39.  It  shall  be  the  duty  of  the  collector  of  special 
assessments,  within  such  times  as  the  city  council  or  board  of 
trustees  may,  by  ordinance,  provide,  to  make  ;j  report  in  writ- 
ing—  to  the  general  officer  of  the  county  authorized,  or  to  be 
designated  by  the  general  revenue  law  of  this  State,  to  apply 
for  judgment  and  sell  lands  for  taxes  due  the  county  and  State 
—  of  all  the  lands,  town  lots  and  real  property  on  which  he 
shall  have  heen  unable  to  collect  special  assessments,  with  the 
amount  of  special  assessments  due  and  unpaid  thereon,  togeth- 
er with  his  warrant,  or  with  a  brief  description  of  the  nature 
of  the  warrant  or  warrants  received  by  him  authorizing  the 
collection  thereof;  which  report  shall  be  accompanied  with  the 
oath  of  the  collector  that  tho  list  is  a  correct  return  and  report 
of  the  lands,  town  lots  and  real  property  on  which  the  special 
assessments  levied  by  authority  of  the  city  of ,  (or  vil- 
lage of ,  as  the  case  may  be),  remain  due  and  unpaid ; 

that  he  is  unable  to  collect  the  same  or  any  pait  thereof,  and 
that  he  has  given  the  notice  required  by  law  that  said  warrants 
had  been  received  by  him  for  collection.  Said  report,  when 
so  made,  shall  be  priina  facie  evidence  that  all  the  forms  and 
requirements  of  the  law  in  relation  to  making  said  return  have 
been  complied  with,  and  that  the  special  assessments  mentioned 
in  said  report  are  due  and  unpaid.  And  upon  the  application 
for  judgment  upon  such  assessments,  no  defense  or  objection 
shall  be  made  or  heard  which  might  have  been  interposed  in 
the  proceeding  for  the  making  of  such  assessment,  or  the  ap- 
plication for  the  confirmation  thereof.  (See  Ottawa  vs.  Maey, 
20  111.  R.,  413.) 

SEC.  40.  When  said  general  officer  shall  receive  the  report 
provided  for  in  the  preceding  section,  he  shall  at  once  proceed 
to  obtain  judgment  "against  said  lots,  parcels  of  land  and  prop- 
erty for  said  special  assessments  remaining  due  and  unpaid,  in 
the  same  manner  as  is  or  may  be  by  law  provided  for  obtaining 
judgment  against  lands  for  taxes  due  and  unpaid  the  county 
and  State;  and  shall  in  the  same  manner  proceed  to  sell  the 
same  for'  the  said  special  assessments  remaining  due  and  un- 


L-535A! 

/&"# 
RftfcE. 


